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): November 22, 2011
MEDCATH CORPORATION
(Exact name of registrant as specified in its charter)
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Delaware |
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000-33009 |
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56-2248952 |
(State or other Jurisdiction of Incorporation) |
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(Commission File Number) |
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(IRS Employer Identification No.) |
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10720 Sikes
Place
Charlotte, North Carolina
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28277 |
(Address of Principal Executive Offices) |
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(Zip Code) |
Registrant’s telephone number,
including area code: (704) 708-6600
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(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:
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting material pursuant
to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule
14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule
13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 8.01 Other Events
Note Receivable Related to the Sale of Louisiana Medical Center and Heart Hospital
On September 30, 2011 MedCath Corporation (MedCath) entered into a definitive Debt and
Equity Purchase Agreement (the Purchase Agreement) to sell its interest in Louisiana Medical
Center & Heart Hospital (LMCHH) to Cardiovascular Care Group (CCG). MedCath financed CCGs
purchase with a secured promissory note that was initially scheduled to mature 60 days after
closing, subject to extension at CCGs election for up to 60 additional days. CCG has notified
MedCath that CCG has elected to extend the maturity date of this promissory note from November 30,
2011 to December 31, 2011. In accordance with the terms of the purchase agreement, CCG retains the
right to extend the maturity of this promissory note for another 30 days beyond December 31, 2011.
Department of Justice Tolling Agreement
On September 17, 2010, consistent with letters received by other U.S. hospitals and hospital
systems, the Department of Justice (DOJ) sent a letter notifying MedCath of the DOJs
investigation of eight MedCath hospitals regarding ICD implantations. In its letter, the DOJ
stated that its review was preliminary and its data suggests that MedCaths hospitals may have
submitted claims with respect to ICDs and related services that were inconsistent with Medicare
policy. Since receipt of the DOJ letter, MedCath has sold its equity interests or substantially
all of the assets in eight of its ten hospitals. For six of the eight hospitals which have been
sold, MedCath has retained any potential liability related to the DOJs ICD investigation.
Pursuant to the DOJs request, MedCath entered into a tolling agreement that tolled the statute of
limitations for allegations related to ICDs until October 31, 2011. During October 2011, MedCath
received a request from the DOJ to extend the tolling agreement for one additional year until
October 31, 2012. MedCath has agreed to the extension and has entered into a one year tolling
agreement extension with the DOJ until October 31, 2012. MedCath continues to cooperate with the
investigation and is actively engaged in discussions with DOJ to clarify the issues involved in the
investigation. To date, the DOJ has not asserted any claims against MedCath and MedCath expects to
continue to have input into the investigation.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused
this report to be signed on its behalf by the undersigned hereunto duly authorized.
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MEDCATH CORPORATION
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Date: November 22, 2011 |
By: |
/s/ Lora Ramsey
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Lora Ramsey |
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Chief Financial Officer |
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