Davita operates kidney dialysis centers and provides related renal care services in dialysis centers and in contracted hospitals across the United States. The Company administers anemia iron deficiency and related dialysis drugs to patients, and seeks reimbursements from insurance companies and the federal government through Medicare.

DaVita is currently the subject of numerous Attorneys General civil and criminal investigations, and has received numerous subpoenas and requests for documents relating to the administration and billing of iron deficiency anemia drugs (such as Epogen). The Company is also named as a defendant by a whistleblower who alleges that the Company improperly billed the federal government for the administration of these drugs, and repeatedly failed to address complaints filed with the Company through its compliance program regarding serious noncompliance issues related to reimbursements and the administration of the drugs when these issues were brought to the Company’s attention.

Additionally, the Company is also defending a class action from several health and welfare funds alleging improper marketing, sales, billing and reimbursement practices, administration and pharmaceutical administration of the drugs by DaVita (In re: Aransep Off-Label Marketing and Sales Practices Litigation).

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