UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (date of earliest event reported):
July 25, 2007
CHEMED CORPORATION
(Exact name of registrant as specified in its charter)
Delaware 1-8351 31-0791746
(State or other (Commission File Number) (I.R.S. Employer
jurisdiction of Identification
incorporation) Number)
2600 Chemed Center, 255 East 5th Street, Cincinnati, OH 45202
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code:
(513) 762-6900
(Former name or former address, if changed since last report.)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2 below):
[_] Written communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
[_] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
230.425)
[_] Pre-commencement communications pursuant to Rule 14d-2(b) under Exchange
Act (17 CFR 230.425)
[_] Pre-commencement communications pursuant to Rule 13e-4 (c) under Exchange
Act (17 CFR 230.425)
Page 1 of 2
Item 8.01 Other Items.
On July 25, 2007 Chemed Corporation ("We") announced dismissal with
prejudice of the qui tam action lawsuit filed in the United States District
Court for the Southern District of Florida in June 2004. This lawsuit had
alleged our VITAS subsidiary's failure to appropriately bill Medicare and
Medicaid for hospice services in violation of the Federal False Claims Act and
the State of Florida False Claims Act.
Item 9.01 Financial Statements and Exhibits.
c) Exhibits
(99.1) Registrant's press release dated July 25, 2007.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has caused this report to be signed on its behalf by the undersigned
hereunto duly authorized.
CHEMED CORPORATION
Dated: July 26, 2007 By: /s/ Arthur V. Tucker, Jr.
-------------- --------------------------
Arthur V. Tucker, Jr.
Vice President and Controller
Page 2 of 2
Exhibit 99.1
Chemed Announces Dismissal with Prejudice of Qui
Tam Action Lawsuit
CINCINNATI--(BUSINESS WIRE)--July 25, 2007--Chemed Corporation
("Chemed") (NYSE:CHE), which operates VITAS Healthcare Corporation
(VITAS), the nation's largest provider of end-of-life care, and
Roto-Rooter, the nation's largest commercial and residential plumbing
and drain cleaning services provider, today announced the qui tam
action entitled Eve Barys and Dwayne Ostrom ex rel. United States and
the State of Florida vs. VITAS Healthcare Corporation, VITAS Hospice
Services, LLC, VITAS Healthcare Corporation of Florida, et al., that
was filed in the United States District Court for the Southern
District of Florida (Case No. 04-21431-CIV-Jordan/Torres) in June 2004
has been dismissed by the Court with prejudice. This lawsuit had
alleged VITAS' failure to appropriately bill Medicare and Medicaid for
hospice services in violation of the Federal False Claims Act and the
State of Florida False Claims Act.
Chemed was represented by Hogan & Hartson LLP.
Statements in this press release or in other Chemed communications
may relate to future events or Chemed's future performance. Such
statements are forward-looking statements and are based on present
information Chemed has related to its existing business circumstances.
Investors are cautioned that such forward-looking statements are
subject to inherent risk that actual results may differ materially
from such forward-looking statements. Further, investors are cautioned
that Chemed does not assume any obligation to update forward-looking
statements based on unanticipated events or changed expectations.
CONTACT: Chemed Corporation
David P. Williams, 513-762-6901