This release contains forward-looking statements, within the meaning of the federal securities laws, including statements related to the offering, the HCP Transaction and the anticipated uses of proceeds of the offering. Factors which could impact future results include the uncertainties associated with governmental regulations, general economic and other market conditions, competition, accounting estimates, the variability of our cash flows and the risk factors set forth in our SEC filings, including our Annual Report on Form 10-K for the year ended December 31, 2011, our quarterly reports on Form 10-Q for the first quarter ended March 31, 2012 and the second quarter ended June 30, 2012 and subsequent quarterly reports filed on Form 10-Q and the registration statement filed on Form S-3 and the related Prospectus Supplement filed in connection with the offering of the Senior Notes. The forward-looking statements should be considered in light of these risks and uncertainties.
These risks and uncertainties include those relating to: the concentration of profits generated from commercial payor plans; continued downward pressure on average realized payment rates from commercial payors, which may result in the loss of revenue or patients; a reduction in the number of patients under higher-paying commercial plans; a reduction in government payment rates under the Medicare End Stage Renal Disease program or other government-based programs; the impact of health care reform legislation that was enacted in the U.S. in March 2010; changes in pharmaceutical or anemia management practice patterns, payment policies, or pharmaceutical pricing; our ability to maintain contracts with physician medical directors; legal compliance risks, including our continued compliance with complex government regulations; current or potential investigations by various governmental entities and related government or private-party proceedings; the impact of our agreement in principle to settle all allegations relating to claims arising out of the previously disclosed litigation filed in 2002 in the U.S. District Court in the Eastern District of Texas to resolve the federal program claims regarding EPO relating to historical EPO practices dating back to 1997; continued increased competition from large and medium-sized dialysis providers that compete directly with us; the emergence of new models of care introduced by the government or private sector, such as accountable care organizations, independent practice association and integrated delivery systems, and changing affiliation models for physicians, such as employment by hospitals, that may erode our patient base and reimbursement rates; our ability to complete any acquisitions, mergers or dispositions that we might be considering or announce, including the HCP Transaction, or integrate and successfully operate any business we may acquire; expansion of our operations and services to markets outside the U.S., or to businesses outside of dialysis.
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