16 unchanged sentences
Government Investigations and Qui Tam Litigation
−Removed: ex rel Larry Bomar v.
−Removed: Bayfront HMA Medical Center, LLC, et al – On September 14, 2017, our former hospital in St.
−Removed: Petersburg, Florida received a civil investigative demand, or CID, from the United States Department of Justice for information concerning its historic participation in the Florida Low Income Pool Program.
−Removed: The Florida Low Income Pool Program, or LIP, is a funding pool to support healthcare providers that provide uncompensated care to Florida residents who are uninsured or underinsured.
−Removed: The CID sought documentation related to agreements between the hospital and Pinellas County.
−Removed: On June 13, 2019, an additional ten of our affiliated hospitals in Florida received CIDs related to the same subject matter, along with two CIDs addressed to our affiliated management company and the Parent Company.
−Removed: We cooperated fully with the investigation.
−Removed: On September 15, 2021, the United States District Court for the Middle District of Florida ordered the unsealing of this qui tam complaint, which contains allegations related to the information sought in the CID received on September 14, 2017.
−Removed: Specifically, the relator claims our former hospital in St.
−Removed: Petersburg – Bayfront Medical Center St.
−Removed: Petersburg – along with other, unaffiliated hospitals violated the False Claims Act by allegedly making certain contributions to a non-profit entity for the purpose of receiving supplemental Medicaid funding.
−Removed: The United States has declined to intervene in the case.
−Removed: We filed a motion to dismiss on November 23, 2021, which the District Court granted without prejudice on January 24, 2023.
−Removed: The relator filed a first amended complaint on February 14, 2023, our response to which was filed on February 28, 2023.
−Removed: The District Court granted our motion to dismiss with prejudice on August 21, 2023.
−Removed: The relator filed a notice of appeal to the United States Court of Appeals for the Eleventh Judicial Circuit.
−Removed: This matter was settled during the three months ended June 30, 2024.
−Removed: In addition, on January 11, 2024, we received a CID from the Department of Justice for documents and information relating to a variety of subjects, including practices and procedures related to utilization review, inpatient admissions and inpatient dialysis at our hospitals.
+Added: On January 11, 2024, we received a CID from the Department of Justice for documents and information relating to a variety of subjects, including practices and procedures related to utilization review, inpatient admissions and inpatient dialysis at our hospitals.
Based upon our review of the CID, the documents we have reviewed and the witnesses we have interviewed, we believe at this time that the CID relates to allegations made by a former employee at one of our hospitals in 2022 and that these allegations were thoroughly and fully investigated to our satisfaction at the time they were originally made.
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On August 11, 2023, the District Court denied Tower Health’s Rule 59 and Rule 15 motions.
−Removed: Tower Health has filed a notice of appeal to the United States Court of Appeals for the Third Judicial District.
−Removed: Our motion for attorneys’ fees has been stayed pending the outcome of Tower Health's appeal.
−Removed: We continue to vigorously defend this case.
+Added: Tower Health appealed the District Court's judgment to the United States Court of Appeals for the Third Judicial District.
+Added: The Third Circuit Court of Appeals affirmed the District Court's opinion and ordered the case remanded to the District Court on October 2, 2024.
+Added: The District Court will now hear our application for attorney's fees.
Golden, as Litigation Trustee of the QHC Litigation Trust, and Wilmington Savings Fund Society, FSB, solely in its capacity as indenture trustee v.
2 unchanged sentences
Plaintiff Daniel H.
−Removed: Golden is the litigation trustee for a litigation trust, which was formed under the plan of reorganization of Quorum Health Corporation, or QHC, and certain affiliated entities confirmed by order of the United States Bankruptcy Court for the District of Delaware wherein QHC and certain affiliated entities contributed various causes of action to such litigation trust.
+Added: Golden is the litigation trustee for a litigation trust, which was formed under the plan of reorganization of Quorum Health Corporation, or
+Added: QHC, and certain affiliated entities confirmed by order of the United States Bankruptcy Court for the District of Delaware wherein QHC and certain affiliated entities contributed various causes of action to such litigation trust.
Plaintiff Wilmington Savings Fund Society is the indenture trustee for certain notes issued by QHC.
3 unchanged sentences
We continue to vigorously defend this case.
−Removed: Federal Trade Commission v.
−Removed: Novant Health, Inc.
−Removed: and Community Health Systems, Inc.
−Removed: On January 25, 2024, the FTC filed a Complaint for Temporary Restraining Order and Preliminary Injunction in the United States District Court for the Western District of North Carolina seeking to enjoin the consummation of our proposed sale of Lake Norman Regional Medical Center and Davis Regional Medical Center to Novant Health, Inc., or Novant, pursuant to the terms of a definitive agreement dated as of February 28, 2023, as amended, entered into by us with Novant.
−Removed: The FTC alleged, among other things, that the proposed sale of the two hospitals would violate federal antitrust laws.
−Removed: Following a denial by the U.S.
−Removed: District Court of the FTC's request for an injunction on June 5, 2024, the FTC appealed such ruling and sought a motion to temporarily enjoin the consummation of such transactions pending this appeal, which motion was granted by the United States Fourth Circuit Court of Appeals on June 18, 2024.
−Removed: Following such judicial developments, the aforementioned definitive agreement was terminated effective June 21, 2024.
Risk F actors
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Supreme Court overruled its prior ruling in Chevron U.S.A., Inc.
−Removed: v Natural Resources Defense Council, Inc., which held that when a statute is ambiguous or silent, courts should not substitute their own judgments regarding the actions of those agencies so long as the federal agencies’ interpretation of the enabling federal statute was reasonable (this was commonly known as “Chevron deference”).
+Added: Natural Resources Defense Council, Inc., which held that when a statute is ambiguous or silent, courts should not substitute their own judgments regarding the actions of those agencies so long as the federal agencies’ interpretation of the enabling federal statute was reasonable (this was commonly known as “Chevron deference”).
In Loper Bright, the U.S.
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The Loper Bright decision, as well as certain other recent decisions of the U.S.
−Removed: Supreme Court, could have significant impacts on government agency regulation, particularly within the heavily-regulated healthcare industry, and may have broad implications for our
+Added: Supreme Court, could have significant impacts on government agency regulation, particularly within the heavily-regulated healthcare industry, and may have broad implications for our business.
As a result of these decisions, there may be an increase in legal challenges to regulations and guidance issued by federal agencies responsible for regulating various aspects of our business, including HHS and certain of its agencies, such as CMS, the Food and Drug Administration, and the Office of Inspector General.
3 unchanged sentences
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, 2024.
+Added: The following table contains information about our purchases of common stock during the three months ended September 30, 2024.
Purchased (a)
−Removed: April 1, 2024 -
−Removed: April 30, 2024
−Removed: May 1, 2024 -
−Removed: June 1, 2024 -
−Removed: June 30, 2024
+Added: July 1, 2024 -
+Added: July 31, 2024
+Added: August 1, 2024 -
+Added: August 31, 2024
+Added: September 1, 2024 -
+Added: September 30, 2024
(a) 4,801 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, 2024.
+Added: (b) We had no publicly announced repurchase programs for shares of our common stock during the three months ended September 30, 2024.
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, 2024, 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, 2024, 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
2 unchanged sentences
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.