DaVita Receives OIG Subpoena Over Physician Ties

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DENVER—DaVita Inc. received on May 28 a subpoena from the Dallas office of the Department of Health and Human Services, Office of Inspector General (OIG) relating to its financial relationships with physicians and joint ventures, the company said in a June 4 news release.

The subpoena relates to a civil investigation that was previously disclosed by the company during its earnings call on April 27, and in its quarterly report on form 10-Q for the period ended March 31.

The subpoena applies to the company and its subsidiaries and covers a time period from Jan. 1, 2005, through the present. The subpoena requests documents relating to the company's operations, including those related to, among other things, financial relationships with physicians and joint ventures.

The subject matter of the subpoena overlaps with the subject matter of a previously disclosed investigation being conducted by the United States Attorney's Office for the Eastern District of Missouri in St. Louis, which was initiated in March 2005, and has been quiet since the company's last document production in December 2009.

DaVita said it intends to meet with representatives of the government to discuss the scope of the subpoena and the production of responsive documents.

In a statement, DaVita said that, to its knowledge, no proceedings have been initiated against it at this time, although the company cannot predict whether proceedings might be initiated. The company added that it intends to cooperate with the government's investigation.

"We have worked hard to create and sustain a culture of compliance at DaVita, as well as the policies and systems to support that culture,” said Kent Thiry, chairman and CEO of DaVita. “We respect the government's responsibility to ensure the appropriateness of provider practices. We intend to work cooperatively in response to this inquiry and look forward to resolving the matter. We take these matters seriously and are proud of our 10-year public record of outstanding regulatory compliance."

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