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): December 9, 2003
MEDCO HEALTH SOLUTIONS, INC.
(Exact name of registrant as specified in its charter)
Delaware
(State or other jurisdiction of incorporation)
| 1-31312 | 22-3461740 | |
| (Commission File Number) | (I.R.S. Employer Identification No.) | |
| 100 Parsons Pond Drive, Franklin Lakes, NJ | 07417 | |
| (Address of principal executive offices) | (Zip Code) | |
Registrant’s telephone number, including area code: 201-269-3400
Item 5. Other Events and Regulation FD Disclosure.
On December 9, 2003, United States Attorney Patrick L. Meehan announced the filing of an amended complaint in intervention in twoqui tam actions against Medco Health Solutions, Inc. (the “Company”). The original complaint was filed on September 29, 2003. The amended complaint adds two former employees of the Company as defendants and adds an additional count against the Company under the Public Contract Anti-Kickback Act, 41 U.S.C. 51, for allegedly making improper payments to health plans to induce such plans to select the Company as a pharmacy benefits manager for government contracts. On December 9, 2003, the Company issued the press release attached hereto as Exhibit 99.1 in response to the filing of the government’s complaint. The Company believes that its business practices are in compliance in all material respects with applicable laws and regulations and intends to defend the actions vigorously.
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.
| MEDCO HEALTH SOLUTIONS, INC. | ||||
| Date: December 10, 2003 | By: | /s/ David S. Machlowitz | ||
| David S. Machlowitz | ||||
| Senior Vice President, General Counsel and Secretary | ||||
EXHIBIT INDEX
| Exhibit No. | Description | |||
99.1 | Press Release dated December 9, 2003 |
