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
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 2, 2006
ODYSSEY HEALTHCARE, INC.
(Exact name of registrant as specified in its charter)
| Texas (State or other jurisdiction of incorporation) | 000-33267 (Commission File Number) | 43-1723043 (I.R.S. Employer Identification Number) |
| 717 North Harwood Street, Suite 1500 Dallas, Texas (Address of principal executive offices) | 75201 (Zip Code) |
Registrant’s telephone number, including area code:(214) 922-9711
Not Applicable
(Former name or former address, if changed since last report)
(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)) |
| Item 7.01 | Regulation FD Disclosure. |
On October 2, 2006, Odyssey HealthCare, Inc. (together with its subsidiaries, the “Company”) issued the press release attached hereto as Exhibit 99.1 announcing, among other things, an update to its 2006 earnings guidance. On February 21, 2006, the Company issued earnings guidance for 2006 of $0.70 to $0.80 per diluted share. Based on the actual results of the Company thus far this year and other factors, the Company is updating its 2006 earnings guidance to $0.73 to $0.78 per diluted share from continuing operations based on estimated net patient service revenue of approximately $417 million to $420 million.
Limitation on Incorporation by Reference
In accordance with general instruction B.2 of Form 8-K, the information in this report furnished pursuant to Item 7.01, including the exhibits hereto, shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933.
| Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits.
99.1 Press release dated October 2, 2006.
SIGNATURE
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.
| ODYSSEY HEALTHCARE, INC. | ||||
| Date: October 2, 2006 | By: | /s/Douglas B. Cannon | ||
| Douglas B. Cannon | ||||
| Senior Vice President and Chief Financial Officer | ||||
Exhibit Index
| Exhibit No. | Description | |||
| 99.1 | Press release dated October 2, 2006. | |||