LEGAL PROCEEDINGS
−Removed: From time to time, we may be involved in various legal proceedings and subject to claims that arise in the ordinary course of business.
+Added: From time to time, we may be involved in various legal proceedings and be subject to claims.
Civil Investigative Demands
1 unchanged sentence
The demand requests information and documents regarding Medicaid billing, patient services and referrals in connection with the Company’s PACE program in Colorado.
−Removed: The Company continues to fully cooperate with the Attorney General and produce the requested information and documentation.
−Removed: We are currently unable to predict the outcome of this investigation.
−Removed: In February 2022, the Company received a civil investigative demand from the Department of Justice (“DOJ”) under the Federal False Claims Act on similar subject matter.
−Removed: The demand requests information and documents regarding audits, billing, orders tracking, and quality and timeliness of patient services in connection with the Company’s PACE programs in the states where the Company operates (California, Colorado, New Mexico, Pennsylvania, and Virginia).
+Added: The Company continues to fully cooperate with the Attorney General.
+Added: In February 2022, the Company received a civil investigative demand from the DOJ under the Federal False Claims Act on similar subject matter.
+Added: The demand requests information and documents regarding audits, billing, orders tracking, and quality and timeliness of patient services in connection with the Company’s PACE programs in the states of California, Colorado, New Mexico, Pennsylvania, and Virginia.
In December 2022, the Company received a supplemental civil investigative demand requesting supplemental information on the same matters.
−Removed: The Company continues to fully cooperate with the DOJ and produce the requested information and documentation.
−Removed: We are currently unable to predict the outcome of this investigation.
+Added: The Company continues to fully cooperate with the DOJ.
+Added: We are currently unable to predict the outcome of these investigations.
Stockholder Lawsuits
3 unchanged sentences
and Welsh, Carson, Anderson & Stowe filed a motion to dismiss the amended complaint for failure to state a claim upon which relief can be granted.
−Removed: On April 20, 2022, the Board of Directors received a books and records demand pursuant to Section 220 of the Delaware General Corporation Law, from a purported stockholder of the Company, Brian Hall, in connection with the stockholder’s investigation of, among other matters, potential breaches of fiduciary duty, mismanagement, self-dealing, corporate waste or other violations of law by the Company’s Board with respect to these matters.
+Added: On December 22, 2023, the District Court granted in part and denied in part the motion to dismiss.
+Added: The action is now in discovery.
+Added: On April 20, 2022, the Board of Directors of the Company received a books and records demand pursuant to Section 220 of the Delaware General Corporation Law, from a purported stockholder of the Company, Brian Hall, in connection with the stockholder’s investigation of, among other matters, potential breaches of fiduciary duty, mismanagement, self-dealing, corporate waste or other violations of law by the Company’s Board with respect to these matters.
On May 15, 2023, Mr.
4 unchanged sentences
In the third fiscal quarter of 2023, the Company agreed to settle a wage and hour class action lawsuit in the State of California for a cash payment of $1.2 million.
−Removed: The agreement is subject to court approval.
+Added: Subsequently, the Company was notified of certain additional individual claims and agreed to include such claims within the class.
+Added: In October 2023, the Company agreed to increase the settlement amount to a total of $1.3 million, reflecting the additional individual claims.
+Added: The Court entered the final approval of the settlement on April 2, 2024 and the payout occurred on June 7, 2024.
+Added: The matter will remain open for 180 days to allow the class members to settle their checks, after which time the case is expected to officially close.
Because the results of legal proceedings and claims are inherently unpredictable and uncertain, we are currently unable to predict whether the legal proceedings we are involved in will, either individually or in the aggregate, have a material adverse effect on our business, financial condition, or cash flows.
5 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.