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Department of Justice and other government entities regarding various Medicare and Medicaid issues.
−Removed: In addition to the matters discussed below, we are currently responding to subpoenas and administrative demands concerning (a) certain emergency care services provided at one of our Texas hospitals and (b) billing for certain therapeutic drugs at a physician practice affiliated with one of our Pennsylvania hospitals.
In addition, we are subject to other claims and lawsuits arising in the ordinary course of our business including lawsuits and claims related to billing and collection practices at our hospitals.
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We have reached a tentative settlement of this matter, which was preliminarily approved by the District Court on May 31, 2023.
−Removed: The hearing to determine the Court’s final approval of the settlement is set for October 13, 2023.
+Added: The Court granted final approval of the settlement on October 13, 2023.
Padilla Derivative Litigation .
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motion for summary judgment, which has yet to be filed, in the Padilla action.
+Added: We have reached a tentative settlement of these cases, which will be subject to final approval by the District Court.
Qui Tam Litigation
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The relator filed a first amended complaint on February 14, 2023, our response to which was filed on February 28, 2023.
−Removed: That motion is pending.
−Removed: We believe this matter is without merit and are vigorously defending this case.
+Added: The District Court granted our motion to dismiss with prejudice on August 21, 2023.
+Added: The relator has filed a notice of appeal to the United States Court of Appeals for the Eleventh Judicial Circuit.
Commercial Litigation and Other Lawsuits
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The defendants filed motions to dismiss, which were granted in part and denied in part on September 5, 2019.
−Removed: We believe these claims are without merit and are vigorously defending this case.
+Added: A jury trial in this matter is set to begin on February 5, 2024.
+Added: We continue to vigorously defend this case.
Tower Health, f/k/a Reading Health System, et al v.
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The Company has filed oppositions to both motions and has separately moved for its attorney’s fees.
−Removed: All three motions are pending.
−Removed: We believe Tower Health’s post judgment motions are without merit and are vigorously defending this case.
+Added: On August 11, 2023, the District Court denied Tower Health's Rule 59 and Rule 15 motions.
+Added: Tower Health has filed a notice of appeal to the United States Court of Appeals for the Third Judicial District.
+Added: Our motion for attorneys' fees is still pending.
+Added: We continue to vigorously defend this case.
Golden, as Litigation Trustee of the QHC Litigation Trust, and Wilmington Savings Fund Society, FSB, solely in its capacity as indenture trustee v.
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On March 16, 2023, the District Court granted in part and denied in part our motion to dismiss.
−Removed: We believe these claims are without merit and will vigorously defend this case.
−Removed: Cybersecurity Event
−Removed: As previously disclosed on a Current Report on Form 8-K filed by us on February 13, 2023, Fortra, LLC, a third-party vendor that provides a secure file transfer software platform utilized by our subsidiaries, experienced a security breach whereby Protected Health Information (“PHI”) (as defined by HIPAA) and Personal Information (“PI”) of certain patients of our healthcare facilities and certain facilities for which we performed services were exposed to Fortra’s attacker.
−Removed: Upon receiving notification of the security breach, we promptly launched an investigation, which has now been completed.
−Removed: This security breach has had no impact on any of our information systems, and we have not experienced a material interruption of business, including the delivery of patient care.
−Removed: With regard to the PHI and PI compromised by the Fortra breach, we currently estimate that approximately 1.2 million individuals may have been affected by this attack.
−Removed: We have provided notice to substantially all of the individuals affected by this attack, and have offered such individuals two years of credit monitoring and protection.
−Removed: We have provided notice of the breach to the HHS Office for Civil Rights, and we have provided required notices to various State Attorneys General.
−Removed: During the six months ended June 30, 2023, we incurred, and we may continue to incur in the future, expenses and losses related to this incident, some of which may not be covered by our cyber/privacy liability insurance policies.
−Removed: While we are continuing to measure the impact of this security breach, including certain remediation expenses, existing litigation (as noted below) and/or possible future litigation that may be filed against us in connection with this event and other potential liabilities, this incident has not had, and we do not currently believe this incident will have, a material adverse effect on our business, operations, or financial results.
−Removed: A number of practically identical purported class action lawsuits were filed against the Company in the United States District Court for the Middle District of Tennessee related to the Fortra data breach.
−Removed: The first of these cases filed was Kuffrey v.
−Removed: Community Health Systems, Inc.
−Removed: and CHSPSC, LLC.
−Removed: The individuals filing these cases all sought to represent a purported class of individuals who are alleged victims of the Fortra breach.
−Removed: On May 19, 2023, the District Court consolidated all of these cases into a single case.
−Removed: We believe the claims are without merit and will vigorously defend the case.
+Added: We continue to vigorously defend this case.
Risk F actors
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We have begun a transformative process of redesigning numerous workflows that is intended to modernize and consolidate our technology platforms and associated processes across our organization.
−Removed: As part of this process, we are creating shared business
−Removed: operations to carry out certain financial and operational functions and are designing and implementing a new ERP system.
+Added: As part of this process, we are creating shared business operations to carry out certain financial and operational functions and are designing and implementing a new ERP system.
We are currently in the design phases of the project and expect implementation of individual modules of the ERP and other aspects of this process to occur over a multi-year period.
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Unregistered Sale of Equi ty Securities and Use of Proceeds
−Removed: The following table contains information about our purchases of common stock during the three months ended June 30, 2023.
+Added: The following table contains information about our purchases of common stock during the three months ended September 30, 2023.
Purchased (a)
−Removed: April 1, 2023 -
−Removed: April 30, 2023
−Removed: May 1, 2023 -
−Removed: June 1, 2023 -
−Removed: June 30, 2023
+Added: July 1, 2023 -
+Added: July 31, 2023
+Added: August 1, 2023 -
+Added: August 31, 2023
+Added: September 1, 2023 -
+Added: September 30, 2023
(a) 939 shares were withheld to satisfy the payment of tax obligations related to the vesting of restricted stock awards.
−Removed: (b) We had no publicly announced repurchase programs for shares of our common stock during the three months ended June 30, 2023.
+Added: (b) We had no publicly announced repurchase programs for shares of our common stock during the three months ended September 30, 2023.
The ABL Facility and the indentures governing each series of our outstanding notes restrict our subsidiaries from, among other matters, paying dividends and making distributions to us, which thereby limits our ability to pay dividends and/or repurchase stock.
−Removed: As of June 30, 2023, under the most restrictive test in these agreements (and subject to certain exceptions), we have approximately $300 million of capacity to pay permitted dividends and/or repurchase shares of stock or make other restricted payments.
+Added: As of September 30, 2023, under the most restrictive test in these agreements (and subject to certain exceptions), we have approximately $300 million of capacity to pay permitted dividends and/or repurchase shares of stock or make other restricted payments.
Defaults Upo n Senior Securities
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.