DaVita Inc. (NYSE: DVA) today announced results for the quarter ended September 30, 2011. Income from continuing operations attributable to DaVita Inc. for the three and nine months ended September 30, 2011 was $138.2 million and $346.7 million, or $1.45 and $3.57 per share, respectively, which for the nine months ended September 30, 2011 excludes an after-tax non-cash goodwill impairment charge of approximately $14.4 million, or $0.14 per share, that was recorded in the second quarter of 2011 related to our infusion therapy business. Income from continuing operations attributable to DaVita Inc. for the nine months ended September 30, 2011 including this item was $332.3 million, or $3.43 per share.

Income from continuing operations attributable to DaVita Inc. for the three and nine months ended September 30, 2010 was $119.5 million and $339.0 million, or $1.15 and $3.25 per share, respectively, which for the nine months ended September 30, 2010 excludes after-tax debt redemption charges of $2.5 million, or $0.02 per share. Income from continuing operations attributable to DaVita Inc. for the nine months ended September 30, 2010 including this item was $336.5 million, or $3.22 per share.

On September 2, 2011, we completed our acquisition of DSI Renal, Inc. (DSI) for approximately $724 million in net cash, plus the assumption of certain liabilities, subject to certain post-close adjustments. The operating results of DSI are included in our operating results effective September 1, 2011.

The operating results of the historical DaVita divested centers are reflected as discontinued operations for all periods presented. In addition, the operating results for the DSI centers divested and to be divested are reflected as discontinued operations in our consolidated financial statements beginning September 1, 2011.

Financial and operating highlights include:

  • Cash Flow: For the rolling twelve months ended September 30, 2011 operating cash flow was $1,150 million and free cash flow was $835 million. For the three months ended September 30, 2011 operating cash flow was $495 million and free cash flow was $408 million.
  • Operating Income: Operating income for the three and nine months ended September 30, 2011 was $319 million and $825 million, respectively, which for the nine months ended September 30, 2011 excludes the pre-tax non-cash goodwill impairment charge of $24 million. Operating income for the nine months ended September 30, 2011 including this item was $801 million.Operating income for the three and nine months ended September 30, 2010 was $257 million and $741 million, respectively.
  • Volume: Total treatments for the third quarter of 2011 were 5,008,094, or 63,394 treatments per day, representing a per day increase of 9.6% over the third quarter of 2010. Non-acquired treatment growth in the quarter was 5.0% over the prior year’s third quarter. Our normalized non-acquired treatment growth in the quarter was 4.6% over the prior year’s third quarter.
  • Effective Tax Rate: Our effective tax rate was 36.4% and 35.9% for the three and nine months ended September 30, 2011, respectively. This effective tax rate is impacted by the amount of third party owners’ income attributable to non-tax paying entities. The effective tax rate attributable to DaVita Inc. was 40.5% and 40.2% for the three and nine months ended September 30, 2011, respectively. We still expect our effective tax rate attributable to DaVita Inc. for 2011 to be in the range of 39.0% to 40.0%.
  • Center Activity: As of September 30, 2011, we operated or provided administrative services at 1,777 outpatient dialysis centers serving approximately 138,000 patients, of which 1,745 centers are consolidated in our financial statements. During the third quarter of 2011, we acquired and opened a total of 138 centers, including 113 centers associated with the acquisition of DSI and divested a total of 28 centers in order to complete the acquisition of DSI.
  • Debt Transactions: On August 26, 2011, we entered into an Increase Joinder Agreement under our existing Senior Secured Credit Agreement. Pursuant to the Increase Joinder Agreement, we increased the revolving credit facility by $100 million, to a total of $350 million, and entered into an additional $200 million Term Loan A-2. The Term Loan A-2 matures in October 2016.

Outlook

Our operating income guidance for 2011 is still expected to be in the range of $1,125 million to $1,155 million. This guidance excludes the non-cash goodwill impairment charge recorded in the second quarter of 2011. We are raising our operating cash flow guidance for 2011 to now be in the range of $1,020 million to $1,100 million. Our previous operating cash flow guidance for 2011 was in the range of $900 million to $980 million. We also expect our operating cash flows for 2012 to be flat or slightly down as compared to 2011, primarily due to the timing of certain working capital items. We are also confirming our operating income guidance range for 2012 of $1,200 million to $1,300 million, as previously provided. These projections and the underlying assumptions involve significant risks and uncertainties, including those described below and actual results may vary significantly from these current projections.

We will be holding a conference call to discuss our results for the third quarter ended September 30, 2011 on November 3, 2011 at 5:30 p.m. Eastern Time. The dial in number is (800) 399-4406. A replay of the conference call will be available on DaVita’s official web page, www.davita.com, for the following 30 days.

This release contains forward-looking statements, within the meaning of the federal securities laws, including statements related to our 2011 and 2012 operating income, our 2011 and 2012 operating cash flows and our 2011 expected effective tax rate attributable to DaVita Inc. Factors that 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 quarterly report on Form 10-Q for the second quarter ended June 30, 2011 and subsequent quarterly reports to be filed on Form 10-Q. 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 United States 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,
  • continued increased competition from large and medium-sized dialysis providers that compete directly with us,
  • our ability to complete any acquisitions, mergers or dispositions that we might be considering or announce, or integrate and successfully operate any business we may acquire, and
  • expansion of our operations and services to markets outside the United States, or to businesses outside of dialysis.

We base our forward-looking statements on information currently available to us at the time of this release, and we undertake no obligation to update or revise any forward-looking statements, whether as a result of changes in underlying factors, new information, future events or otherwise.

This release contains non-GAAP financial measures. For reconciliations of these non-GAAP financial measures to their most comparable measure calculated and presented in accordance with GAAP, see the attached reconciliation schedules. For the reasons stated in the reconciliation schedules, we believe our presentation of non-GAAP financial measures provides useful supplemental information for investors.

  DAVITA INC. CONSOLIDATED STATEMENTS OF INCOME (unaudited) (dollars in thousands, except per share data)     Three months ended September 30, Nine months ended September 30,   2011       2010     2011       2010   Net operating revenues $ 1,807,869 $ 1,649,557 $ 5,119,896 $ 4,791,126 Operating expenses and charges: Patient care costs 1,189,638 1,144,474 3,466,860 3,334,099 General and administrative 182,638 148,041 498,033 421,422 Depreciation and amortization 67,558 58,325 193,641 173,820 Provision for uncollectible accounts 51,942 43,761 143,247 127,451 Equity investment income (2,619 ) (1,789 ) (6,555 ) (6,968 ) Goodwill impairment charge   -     -     24,000     -   Total operating expenses and charges   1,489,157     1,392,812     4,319,226     4,049,824   Operating income 318,712 256,745 800,670 741,302 Debt expense (60,848 ) (39,490 ) (179,340 ) (127,728 ) Debt redemption charges - - - (4,127 ) Other income   798     759     2,195     2,328   Income from continuing operations before income taxes 258,662 218,014 623,525 611,775 Income tax expense   94,204     75,038     224,034     220,189   Income from continuing operations 164,458 142,976 399,491 391,586 Discontinued operations: Income (loss) from operations of discontinued operations, net of tax 1,076 (95 ) 1,460 188 Loss on disposal of discontinued operations, net of tax   (3,688 )   -     (3,688 )   -   Net income. 161,846 142,881 397,263 391,774 Less: Net income attributable to noncontrolling interests   (26,485 )   (23,494 )   (67,385 )   (55,111 ) Net income attributable to DaVita Inc. $ 135,361   $ 119,387   $ 329,878   $ 336,663   Earnings per share: Basic income from continuing operations per share attributable to DaVita Inc. $ 1.48   $ 1.16   $ 3.50   $ 3.27   Basic net income per share attributable to DaVita Inc. $ 1.45   $ 1.16   $ 3.47   $ 3.27   Diluted income from continuing operations per share attributable to DaVita Inc. $ 1.45   $ 1.15   $ 3.43   $ 3.22   Diluted net income per share attributable to DaVita Inc. $ 1.42   $ 1.15   $ 3.40   $ 3.22   Weighted average shares for earnings per share: Basic   93,441,620     102,608,844     95,053,339     102,989,010   Diluted   95,171,225     104,022,458     97,057,773     104,408,939   Amounts attributable to DaVita Inc.: Income from continuing operations $ 138,192 $ 119,482 $ 332,325 $ 336,475 Discontinued operations   (2,831 )   (95 )   (2,447 )   188   Net income $ 135,361   $ 119,387   $ 329,878   $ 336,663       DAVITA INC. CONSOLIDATED STATEMENTS OF CASH FLOWS (unaudited) (dollars in thousands)   Nine months endedSeptember 30,   2011       2010   Cash flows from operating activities: Net income $ 397,263 $ 391,774 Adjustments to reconcile net income to cash provided by operating activities: Depreciation and amortization 194,328 174,307 Stock-based compensation expense 36,392 33,492 Tax benefits from stock award exercises 35,096 15,755 Excess tax benefits from stock award exercises (19,640 ) (2,079 ) Deferred income taxes 38,377 61,499 Equity investment income, net 238 (3,048 ) Loss on disposal of assets and other non-cash charges 16,398 5,650 Goodwill impairment charge 24,000 - Debt redemption charges - 4,127 Changes in operating assets and liabilities, other than from acquisitions and divestitures: Accounts receivable (61,483 ) 21,680 Inventories 11,767 3,041 Other receivables and other current assets 81,737 16,596 Other long-term assets 2,408 187 Accounts payable 56,652 95,350 Accrued compensation and benefits 121,631 72,501 Other current liabilities (8,733 ) (118,305 ) Income taxes 88,454 (55,703 ) Other long-term liabilities   14,502     2,308     Net cash provided by operating activities   1,029,387     719,132     Cash flows from investing activities: Additions of property and equipment, net (251,879 ) (169,376 ) Acquisitions (927,124 ) (137,643 ) Proceeds from asset sales 51,623 18,471 Purchase of investments available for sale (2,118 ) (955 ) Purchase of investments held-to-maturity (29,740 ) (23,540 ) Proceeds from sale of investments available for sale 1,149 900 Proceeds from maturities of investments held-to-maturity 29,747 26,916 Purchase of equity investments and other assets (5,005 ) (436 ) Distributions received on equity investments   340     350     Net cash used in investing activities   (1,133,007 )   (285,313 )   Cash flows from financing activities: Borrowings 27,506,051 14,736,519 Payments on long-term debt (27,350,513 ) (15,006,754 ) Interest rate cap premiums and other deferred financing costs (17,863 ) (46 ) Debt call premium - (3,314 ) Purchase of treasury stock (323,348 ) (148,669 ) Distributions to noncontrolling interests (67,408 ) (61,112 ) Stock award exercises and other share issuances, net 9,886 39,416 Excess tax benefits from stock award exercises 19,640 2,079 Contributions from noncontrolling interests 14,779 5,365 Proceeds from sales of additional noncontrolling interests 2,675 3,205 Purchases from noncontrolling interests   (9,190 )   (5,402 )   Net cash used in financing activities   (215,291 )   (438,713 )   Net decrease in cash and cash equivalents (318,911 ) (4,894 ) Cash and cash equivalents at beginning of period   860,117     539,459     Cash and cash equivalents at end of period $ 541,206   $ 534,565       DAVITA INC. CONSOLIDATED BALANCE SHEETS (unaudited) (dollars in thousands, except per share data)     September 30,2011 December 31,2010 ASSETS Cash and cash equivalents $ 541,206 $ 860,117 Short-term investments 24,661 23,003 Accounts receivable, less allowance of $231,666 and $235,629 1,165,010 1,048,976 Inventories 73,293 76,008 Other receivables 242,218 304,366 Other current assets 67,454 43,994 Income tax receivables - 40,330 Deferred income taxes   256,325     226,060   Total current assets 2,370,167 2,622,854 Property and equipment, net 1,335,789 1,170,808 Amortizable intangibles, net 159,789 162,635 Equity investments 30,340 25,918 Long-term investments 8,857 8,848 Other long-term assets 31,761 32,054 Goodwill   4,769,965     4,091,307   $ 8,706,668   $ 8,114,424     LIABILITIES AND EQUITY Accounts payable $ 259,459 $ 181,033 Other liabilities 363,176 342,943 Accrued compensation and benefits 461,988 325,477 Current portion of long-term debt 82,497 74,892 Income tax payable   38,800     -   Total current liabilities 1,205,920 924,345 Long-term debt 4,417,468 4,233,850 Other long-term liabilities 134,075 89,290 Alliance and product supply agreement, net 22,370 25,317 Deferred income taxes   393,540     421,436   Total liabilities 6,173,373 5,694,238 Commitments and contingencies Noncontrolling interests subject to put provisions 450,903 383,052 Equity: Preferred stock ($0.001 par value, 5,000,000 shares authorized; none issued) Common stock ($0.001 par value, 450,000,000 shares authorized; 134,862,283 shares issued; 93,442,783 and 96,001,535 shares outstanding) 135 135 Additional paid-in capital 611,833 620,546 Retained earnings 3,047,695 2,717,817 Treasury stock, at cost (41,419,500 and 38,860,748 shares) (1,639,554 ) (1,360,579 ) Accumulated other comprehensive (loss) income   (20,856 )   503   Total DaVita Inc. shareholders’ equity 1,999,253 1,978,422 Noncontrolling interests not subject to put provisions   83,139     58,712   Total equity   2,082,392     2,037,134     $ 8,706,668   $ 8,114,424       DAVITA INC. SUPPLEMENTAL FINANCIAL DATA (unaudited) (dollars in millions, except for per share and per treatment data)     Three months ended  

Nine months ended September 30, 2011

September 30,2011

 

June 30,2011

 

September 30,2010

1. Consolidated Financial Results: Revenues $ 1,808 $ 1,709 $ 1,650 $ 5,120 Operating income $ 318.7 $ 246.6 $ 256.7 $ 800.7 Operating income, excluding the pre-tax non-cash goodwill impairment charge(1) $ 318.7 $ 270.6 $ 256.7 $ 824.7 Operating income margin 17.6 % 14.4 % 15.6 % 15.6 % Operating income margin, excluding the pre-tax non-cash goodwill impairment charge(1) 17.6 % 15.8 % 15.6 % 16.1 % Income from continuing operations attributable to DaVita Inc. $ 138.2 $ 99.8 $ 119.5 $ 332.3 Income from continuing operations attributable to DaVita Inc., excluding the after-tax non-cash goodwill impairment charge(1) $ 138.2 $ 114.2 $ 119.5 $ 346.7 Diluted earnings per share from continuing operations attributable to DaVita Inc. $ 1.45 $ 1.03 $ 1.15 $ 3.43 Diluted earnings per share from continuing operations attributable to DaVita Inc., excluding the after-tax non-cash goodwill impairment charge(1) $ 1.45 $ 1.17 $ 1.15 $ 3.57   2. Consolidated Business Metrics: Expenses Patient care costs as a percent of consolidated revenue(2) 65.8 % 68.1 % 69.4 % 67.7 % General and administrative expenses as a percent of consolidated revenue (2) 10.1 % 9.6 % 9.0 % 9.7 %   Bad debt expense as a percent of consolidated revenue 2.9 % 2.9 % 2.7 % 2.8 %   Consolidated effective tax rate attributable to DaVita Inc.(1) 40.5 % 40.0 % 38.5 % 40.2 %   3. Segment Financial Results: (dollar amounts rounded to nearest million) Revenues Dialysis and related lab services $ 1,675 $ 1,588 $ 1,551 $ 4,765 Other – Ancillary services and strategic initiatives   137     123     101     366   Total segment revenue 1,812 1,711 1,652 5,131 Less elimination of intersegment revenue   (4 )   (3 )   (2 )   (11 ) Total consolidated revenue $ 1,808   $ 1,709   $ 1,650   $ 5,120     Operating Income Dialysis and related lab services $ 328 $ 282 $ 266 $ 860 Other – Ancillary services and strategic initiatives   2     (25 )   -     (30 ) Total segment operating income $ 330 $ 257 $ 266 $ 830 Reconciling items: Stock-based compensation (13 ) (13 ) (11 ) (36 ) Equity investment income   2     2     2     7   Consolidated operating income $ 319   $ 247   $ 257   $ 801       DAVITA INC. SUPPLEMENTAL FINANCIAL DATA—continued (unaudited) (dollars in millions, except for per share and per treatment data)     Three months ended

Nine months ended September 30, 2011

September 30,2011

 

June 30, 2011

 

September 30,2010

4. Segment Business Metrics: Dialysis and related lab services Volume Treatments 5,008,094 4,769,661 4,571,219 14,372,305 Number of treatment days 79.0 78.0 79.0 234.0 Treatments per day 63,394 61,150 57,864 61,420 Per day year over year increase 9.6 % 7.1 % 5.5 % 7.9 % Non-acquired growth year over year 5.0 % 4.6 % 3.7 % 4.6 %   Revenue Dialysis and related lab services revenue per treatment $ 333.86 $ 332.30 $ 338.79 $ 330.95 Per treatment increase from previous quarter 0.5 % 1.8 % 1.2 % Per treatment decrease from previous year (1.5 %) (0.7 %) (1.3 %) (2.4 %) Percent of consolidated revenue 92.5 % 92.8 % 93.9 % 92.9 %   Expenses Patient care costs Percent of segment revenue 64.5 % 66.9 % 68.6 % 66.5 % Per treatment $ 215.70 $ 222.81 $ 232.88 $ 220.48 Per treatment (decrease) increase from previous quarter (3.2 %) (0.2 %) 0.3 % Per treatment decrease from previous year (7.4 %) (4.0 %) (1.9 %) (5.8 %)   General and administrative expenses Percent of segment revenue 9.0 % 8.4 % 7.8 % 8.6 % Per treatment $ 30.20 $ 27.84 $ 26.62 $ 28.47 Per treatment increase from previous quarter 8.5 % 2.2 % 9.1 % Per treatment increase from previous year 13.4 % 14.1 % 8.2 % 10.7 %   5. Cash Flow: Operating cash flow $ 495.2 $ 204.4 $ 161.4 $ 1,029.4 Operating cash flow, last twelve months $ 1,149.9 $ 816.1 $ 871.7 Free cash flow(1) $ 407.7 $ 125.1 $ 90.9 $ 799.3 Free cash flow, last twelve months(1) $ 835.3 $ 518.4 $ 657.7 Capital expenditures: Routine maintenance/IT/other $ 66.5 $ 55.1 $ 46.7 $ 162.7 Development and relocations $ 45.7 $ 39.4 $ 23.3 $ 112.7 Acquisition expenditures $ 775.9 $ 69.7 $ 45.9 $ 927.1   6. Accounts Receivable: Net receivables $ 1,165 $ 1,132 $ 1,083 DSO 60 63 63     DAVITA INC. SUPPLEMENTAL FINANCIAL DATA—continued (unaudited) (dollars in millions, except for per share and per treatment data)     Three months ended  

Nine months ended September 30, 2011

September 30,2011

 

June 30,2011

 

September 30,2010

7. Debt and Capital Structure: Total debt(3) $ 4,508 $ 4,294 $ 3,361 Net debt, net of cash(3) $ 3,967 $ 3,564 $ 2,826

Leverage ratio (see Note 1 on page 9)

2.73

x

2.69

x

2.31

x

Overall weighted average effective interest rate during the quarter 5.30 % 5.33 % 4.45 % Overall weighted average effective interest rate at end of the quarter 5.27 % 5.34 % 4.18 % Weighted average effective interest rate on the Senior Secured Credit Facilities at end of the quarter 4.61 % 4.68 % 1.80 % Effectively fixed interest rates as a percentage of our total debt at September 30, 2011(4) and June 30, 2011(4) and fixed interest rates at September 30, 2010 100 % 100 % 46 % Share repurchases $ 7.3 $ 302.4 $ 98.5 $ 323.3   8. Clinical: (quarterly averages) Dialysis adequacy -% of patients with Kt/V > 1.2 at the end of the quarter 97 % 97 % 96 % Patients with arteriovenous fistulas placed 69 % 69 % 67 %

________________

(1)   These are non-GAAP financial measures. For a reconciliation of these non-GAAP financial measures to their most comparable measure calculated and presented in accordance with GAAP, see attached reconciliation schedules. (2) Consolidated percentages of revenue are comprised of the dialysis and related lab services business, other ancillary services and strategic initiatives, as well as stock-based compensation expenses. (3) The quarter ended September 30, 2011, excludes $8.3 million of debt discounts associated with our Term Loan B and our Term Loan A-2 that is not actually outstanding debt principal. The quarter ended June 30, 2011, excludes $7.6 million of a debt discount associated with our Term Loan B that is not actually outstanding debt principal. The quarter ended September 30, 2010 excludes $1.6 million of the unamortized balance of a debt premium associated with our senior notes that is not actually outstanding debt principal. (4) This includes the Term Loan B outstanding amount for the quarters ended September 30, 2011 and June 30, 2011, since the Term Loan B bears interest at LIBOR (floor of 1.50%) plus a margin of 3.00% and the current LIBOR rate is below that percentage. In addition, this also includes the Term Loan A-2 outstanding amount for the quarter ending September 30, 2011, since the Term Loan A-2 bears interest at LIBOR (floor of 1.00%) plus a margin of 3.50% and the current LIBOR rate is below that percentage as well.     DAVITA INC. SUPPLEMENTAL FINANCIAL DATA—continued (unaudited) (dollars in thousands)  

Note 1: Calculation of the Leverage Ratio

 

Under the Company’s Senior Secured Credit Facilities (Credit Agreement), the leverage ratio is defined as all funded debt plus the face amount of all letters of credit issued, minus cash and cash equivalents, divided by “Consolidated EBITDA”. The leverage ratio determines the interest rate margin payable by the Company for its Term Loan A and revolving line of credit under the Credit Agreement by establishing the margin over the base interest rate (LIBOR) that is applicable. The following leverage ratio was calculated using “Consolidated EBITDA” as defined in the Credit Agreement. The calculation below is based on the last twelve months of “Consolidated EBITDA”, pro forma for routine acquisitions that occurred during the period. The Company’s management believes the presentation of “Consolidated EBITDA” is useful to investors to enhance their understanding of the Company’s leverage ratio under its Credit Agreement.

 

Rolling twelve months ended September 30, 2011

Net income attributable to DaVita Inc. $ 398,898 Income taxes 264,208 Interest expense 217,779 Depreciation and amortization 254,136 Non-cash goodwill impairment charge 24,000 Debt refinancing and redemption charges 70,255 Noncontrolling interests 90,810 Equity investment income, net (12 ) Amortization of deferred financing costs 9,903 Other, including pro-forma EBITDA associated with acquisitions 91,989 Stock-based compensation expense   48,450   “Consolidated EBITDA” $ 1,470,416  

 

  September 30, 2011 Total debt, excluding debt discount of $8.3 million $ 4,508,222 Letters of credit issued   42,811   4,551,033 Less: cash and cash equivalents   (541,206 ) Consolidated net debt $ 4,009,827   Last twelve months “Consolidated EBITDA” $ 1,470,416  

Leverage ratio

 

2.73

x

 

 

In accordance with the Credit Agreement, the Company’s leverage ratio cannot exceed 4.25 to 1.0 as of September 30, 2011. At that date the Company’s leverage ratio did not exceed 4.25 to 1.0.

    DAVITA INC. RECONCILIATIONS FOR NON-GAAP MEASURES (unaudited) (dollars in thousands)  

1. Income from continuing operations attributable to DaVita Inc. excluding an after-tax non-cash goodwill impairment charge and debt redemption charges and diluted income from continuing operations per share attributable to DaVita Inc. excluding an after-tax non-cash goodwill impairment charge and debt redemption charges.

 

We believe that income from continuing operations attributable to DaVita Inc. excluding an after-tax non-cash goodwill impairment charge and debt redemption charges enhances a user’s understanding of our normal income from continuing operations attributable to DaVita Inc. and diluted income from continuing operations per share attributable to DaVita Inc. for these periods by providing a measure that is more meaningful because it excludes a non-cash goodwill impairment charge that resulted from a decrease in the implied fair value of goodwill below its carrying amount associated with our infusion therapy business during the second quarter of 2011 and also from the redemption of $200 million aggregate principal amount of our outstanding 6⅝% senior notes due 2013 that occurred in the second quarter of 2010 and accordingly, is more comparable to prior periods and indicative of consistent income from continuing operations attributable to DaVita Inc. and diluted income from continuing operations per share attributable to DaVita Inc. These measures are not measures of financial performance under United States generally accepted accounting principles (GAAP) and should not be considered as an alternative to income from continuing operations attributable to DaVita Inc. and diluted income from continuing operations per share attributable to DaVita Inc.

    Income from continuing operations attributable to DaVita Inc. excluding an after-tax non-cash goodwill impairment charge and debt redemption charges: Three months ended Nine months ended

September 30,2011

 

June 30,2011

 

September 30,2010

September 30,2011

 

September 30,2010

Net income attributable to DaVita Inc. $ 135,361 $ 100,015 $ 119,387 $ 329,878 $ 336,663 Discontinued operations attributable to DaVita Inc.   2,831   (253 )   95   2,447     (188 ) Income from continuing operations attributable to DaVita Inc. 138,192 99,762 119,482 332,325 336,475 Add: Non-cash goodwill impairment charge - 24,000 - 24,000 - Add: Debt redemption charges - - - - 4,127 Less: Related income tax   -   (9,600 )   -   (9,600 )   (1,605 ) $ 138,192 $ 114,162   $ 119,482 $ 346,725   $ 338,997       Diluted income from continuing operations per share attributable to DaVita Inc. excluding an after-tax non-cash goodwill impairment charge and debt redemption charges: Three months ended Nine months ended

September 30,2011

June 30,2011

September 30,2010

September 30,2011

September 30,2010

Diluted net income per share attributable to DaVita Inc. $ 1.42 $ 1.03 $ 1.15 $ 3.40 $ 3.22 Discontinued operations   0.03   -     -   0.03     -   Diluted income from continuing operations per share attributable to DaVita Inc. 1.45 1.03 1.15 3.43 3.22 Add: Non-cash goodwill impairment charge - 0.14 - 0.14 - Add: Debt redemption charges - - - - 0.02 Add: Other rounding   -   -     -   -     0.01   $ 1.45 $ 1.17   $ 1.15 $ 3.57   $ 3.25       DAVITA INC. RECONCILIATIONS FOR NON-GAAP MEASURES (unaudited) (dollars in thousands)  

2. Operating income excluding a pre-tax non-cash goodwill impairment charge.

 

We believe that operating income excluding a pre-tax non-cash goodwill impairment charge enhances a user’s understanding of our normal operating income for these periods by providing a measure that is more meaningful because it excludes a non-cash goodwill impairment charge that resulted from a decrease in the implied fair value of goodwill below its carrying amount associated with our infusion therapy business during the second quarter of 2011 and accordingly, is more comparable to prior periods and indicative of consistent operating income. This measure is not a measure of financial performance under GAAP and should not be considered as an alternative to operating income.

    Operating income excluding a pre-tax non-cash goodwill impairment charge: Three months ended Nine months ended

September 30,2011

 

June 30,2011

 

September 30,2010

September 30,2011

 

September 30,2010

Operating income $ 318,712 $ 246,624 $ 256,745 $ 800,670 $ 741,302 Add: Non-cash goodwill impairment charge   -   24,000   -   24,000   - $ 318,712 $ 270,624 $ 256,745 $ 824,670 $ 741,302     DAVITA INC. RECONCILIATIONS FOR NON-GAAP MEASURES (unaudited) (dollars in thousands)  

3. Effective Income Tax Rates.

 

We believe that reporting the effective income tax rate attributable to DaVita Inc. enhances an investor’s understanding of DaVita’s effective income tax rate for the periods presented because it excludes noncontrolling owners’ income that primarily relates to non-tax paying entities and accordingly is more comparable to prior periods presentations regarding DaVita’s effective income tax rate and is more meaningful to an investor to fully understand the related income tax effects on DaVita Inc.’s operating results. This is not a measure under GAAP and should not be considered as an alternative to the effective income tax rate calculated in accordance with GAAP.

 

Effective income tax rate as compared to the effective income tax rate attributable to DaVita Inc. is as follows:

    Three months ended

Nine monthsendedSeptember 30, 2011

September 30,2011

 

June 30,2011

 

September 30,2010

Income from continuing operations before income taxes $ 258,662   $ 187,283   $ 218,014   $ 623,525   Income tax expense $ 94,204   $ 66,871   $ 75,038   $ 224,034   Effective income tax rate   36.4 %   35.7 %   34.4 %   35.9 %     Three months ended

Nine monthsendedSeptember 30, 2011

September 30,2011

June 30,2011

September 30,2010

Income from continuing operations before income taxes $ 258,662 $ 187,283 $ 218,014 $ 623,525 Less: Noncontrolling owners’ income primarily attributable to non-tax paying entities   (26,604 )   (21,020 )   (23,703 )   (67,921 ) Income before income taxes attributable to DaVita Inc. $ 232,058   $ 166,263   $ 194,311   $ 555,604     Income tax expense 94,204 66,871 $ 75,038 $ 224,034 Less income tax attributable to noncontrolling interests   (119 )   (370 )   (209 )   (536 ) Income tax attributable to DaVita Inc. $ 94,085   $ 66,501   $ 74,829   $ 223,498     Effective income tax rate attributable to DaVita Inc.   40.5 %   40.0 %   38.5 %   40.2 %     DAVITA INC. RECONCILIATIONS FOR NON-GAAP MEASURES (unaudited) (dollars in thousands)  

4. Free cash flow.

 

Free cash flow represents net cash provided by operating activities less income distributions to noncontrolling interests and capital expenditures for routine maintenance and information technology. We believe free cash flow is a useful adjunct to cash flow from operating activities and other measurements under GAAP, since free cash flow is a meaningful measure of our ability to fund acquisition and development activities and meet our debt service requirements. In addition, free cash flow excluding income distributions to noncontrolling interests provides an investor with an understanding of free cash flows that are attributable to DaVita Inc. Free cash flow is not a measure of financial performance under GAAP and should not be considered as an alternative to cash flows from operating, investing or financing activities, as an indicator of cash flows or as a measure of liquidity.

 

    Three months ended

Nine months endedSeptember 30, 2011

September 30,2011

 

June 30,2011

 

September 30,2010

Cash provided by operating activities $ 495,194 $ 204,410 $ 161,366 $ 1,029,387 Less: Income distributions to noncontrolling interests (20,985) (24,236) (23,811) (67,408) Cash provided by operating activities attributable to DaVita Inc. 474,209 180,174 137,555 961,979 Less: Expenditures for routine maintenance and information technology (66,523) (55,096) (46,690) (162,698) Free cash flow $ 407,686 $ 125,078 $ 90,865 $ 799,281     Rolling 12-Month Period

September 30,2011

June 30,2011

September 30,2010

Cash provided by operating activities $ 1,149,938 $ 816,110 $ 871,723 Less: Income distributions to noncontrolling interests (89,887) (92,713) (81,972) Cash provided by operating activities attributable to DaVita Inc. 1,060,051 723,397 789,751 Less: Expenditures for routine maintenance and information technology (224,781) (204,948) (132,079) Free cash flow $ 835,270 $ 518,449 $ 657,672
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