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Published on 3/8/2005 in the Prospect News Bank Loan Daily and Prospect News High Yield Daily.

S&P: DaVita unaffected

Standard & Poor's said the ratings and outlook on DaVita Inc. (BB-/stable/--) would not be affected after the company received a subpoena from the U.S. Department of Justice, United States Attorney's Office for the Eastern District of Missouri on March 4.

S&P said the subpoena covers a period from Dec. 1, 1996 to the present, and relates to DaVita's medical director compensation, its joint ventures and de novo facilities and pharmaceutical issues. No proceedings have been initiated against the company as yet.

While the size and likelihood of any related liabilities stemming from this investigation are uncertain, S&P said it believes that if DaVita were to settle in the near term, it would be under favorable circumstances.

Any unfavorable outcomes would likely be in the distant future, according to S&P, when the company's financial profile might be stronger than it is currently.


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