Leading Kidney Care Platform
Context, Non-GAAP Measures and Forward-Looking Statements
Context. DaVita is a Fortune 500Ⓡ health care provider focused on transforming care delivery to improve quality of life for patients. We are committed to patient-centric care and achieving strong clinical outcomes for our patients. This is a presentation for our stockholders and potential
investors and thus will focus on the financial aspects of the business.
Non-GAAP Measures. During this presentation we will discuss certain non-GAAP financial measures. A reconciliation of historical non-GAAP measures to the most comparable GAAP financial measures can be found elsewhere in this presentation. We do not provide a reconciliation of the
forward-looking non-GAAP financial measures to the most directly comparable GAAP financial measures on a forward-looking basis because we are unable to predict certain items contained in the GAAP measures without unreasonable efforts. These non-GAAP financial measures do not
include certain items that are included in our GAAP results, including items such as impairment charges, (gain) loss on ownership changes, restructuring charges, accruals for legal matters and debt prepayment and refinancing charges, any of which may be significant.
Forward-Looking Statements. In addition, DaVita Inc. and its representatives may from time to time make written and oral forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 ("PSLRA"), including statements in this presentation, filings
with the Securities and Exchange Commission ("SEC"), reports to stockholders and in meetings with investors and analysts. All statements in this presentation, other than statements of historical fact, are forward-looking statements and as such are intended to be covered by the safe harbor
for "forward-looking statements" provided by the PSLRA. Without limiting the foregoing, statements including the words "expect," "intend," "will," "could," "plan," "anticipate," "believe," "forecast," "guidance," "outlook," "goals," and similar expressions are intended to identify forward-looking
statements.
These forward-looking statements include but are not limited to statements regarding our future operations, financial condition and prospects, such as our financial guidance for future periods and the assumptions underlying such projections; the expected future impacts of the novel
coronavirus (COVID-19), including on our revenues, treatment volumes, availability or cost of supplies, mix expectation, such as the percentage or number of patients under commercial insurance, capacity utilization, travel and expenses, the continuing impact on the U.S. and global
economies, and overall impact on our patients and teammates; as well as other statements regarding our expectations for integrated and value-based care programs and integrated care economics, including expected growth in the patient population managed by these programs; our
anticipated growth of the home dialysis program; plans for acquisitions and other strategic transactions; expected Medicare rate increases and sequestration; expectations for Medicare Advantage Choice; outlook for commercial and government rates and mix; labor cost expectations; costs
associated with future ballot initiatives; anticipated international growth; anticipated impacts of investments in innovative transplant care; our goals for environmental and sustainability initiatives, some of which are aspirational; our ongoing stock repurchase program; and debt expenses,
among other things.
Our actual results and other events could differ materially from any forward-looking statements due to numerous factors that involve substantial known and unknown risks and uncertainties. These risks and uncertainties include, among other things: the continuing impact of the dynamic
and evolving COVID-19 pandemic, including, without limitation, on our patients, teammates, physician partners, suppliers, business, operations, reputation, financial condition and results of operations; the government's response to the COVID-19 pandemic, including, among other things,
federal, state and local vaccine mandates or surveillance testing requirements; the availability, acceptance, impact and efficacy of COVID-19 vaccines, treatments and therapies; further spread or resurgence of the virus, including as a result of the emergence of new strains of the virus, such
as the Delta variant; the continuing impact of the pandemic on our revenue and non-acquired growth due to lower treatment volumes; the pandemic's continuing impact on the U.S. and global economies, unemployment, labor market conditions, inflation and evolving monetary policies; any
potential negative impact on our commercial mix, which may persist even after the pandemic subsides; and continuing COVID-19-related costs, such as increased costs to procure equipment and clinical supplies, and higher salary and wage expense driven in part by labor market conditions
and a high demand for our clinical personnel, any of which may also have the effect of heightening many of the other risks and uncertainties discussed below; the concentration of profits generated by higher-paying commercial payor plans for which there is continued downward pressure on
average realized payment rates, and a reduction in the number or percentage of our patients under such plans, including, without limitation, as a result of restrictions or prohibitions on the use and/or availability of charitable premium assistance, which may result in the loss of revenues or
patients, or our making incorrect assumptions about how our patients will respond to any change in financial assistance from charitable organizations; our ability to successfully implement our strategies with respect to home-based dialysis, value-based care and/or integrated kidney care in
the desired time frame and in a complex, dynamic and highly regulated environment, including, among other things, maintaining our existing business; recovering our investments; entering into agreements with payors, third party vendors and others on terms that are competitive and, as
appropriate, prove actuarially sound; structuring agreements and arrangements to comply with evolving rules and regulations; and further developing our integrated care and other capabilities to provide competitive programs at scale; the extent to which the ongoing implementation of
healthcare reform, or changes in or new legislation, regulations or guidance, enforcement thereof or related litigation or court decisions result in a reduction in coverage or reimbursement rates for our services, a reduction in the number of patients enrolled in higher-paying commercial plans
or that are enrolled in or select Medicare Advantage plans or other material impacts to our business; or our making incorrect assumptions about how our patients will respond to any such developments; a reduction in government payment rates under the Medicare End Stage Renal Disease
program or other government-based programs and the impact of the Medicare Advantage benchmark structure; risks arising from potential changes in laws, regulations or requirements applicable to us, such as potential and proposed federal and/or state legislation, regulation, executive
action, judicial action or other initiatives, including those related to healthcare and/or labor matters, such as the AB 290 ballot initiative in California or the case pending before the U.S. Supreme Court regarding the scope and interpretation of the Medicare as Secondary Payor Act; the
impact of the political environment and related developments on the current healthcare marketplace and on our business, including with respect to the Affordable Care Act, the exchanges and many other core aspects of the current healthcare marketplace, as well as the composition of the
U.S. Supreme Court and the current presidential administration and congressional majority; our ability to attract, retain and motivate teammates and our ability to manage operating cost increases or productivity decreases whether due to union organizing activities, legislative or other
changes, demand for labor, volatility and uncertainty in the labor market, the current highly competitive labor market conditions, or other reasons; noncompliance by us or our business associates with any privacy or security laws or any security breach by us or a third party involving the
misappropriation, loss or other unauthorized use or disclosure of confidential information; changes in pharmaceutical practice patterns, reimbursement and payment policies and processes, or pharmaceutical pricing, including with respect to hypoxia inducible factors, among other things;
legal and compliance risks, such as our continued compliance with complex, and at times, evolving government regulations and requirements; continued increased competition from dialysis providers and others, and other potential marketplace changes, including increased investment in and
availability of funding to new entrants in the dialysis and pre-dialysis marketplace; our ability to maintain contracts with physician medical directors, changing affiliation models for physicians, and the emergence of new models of care introduced by the government or private sector that
may erode our patient base and reimbursement rates, such as accountable care organizations, independent practice associations and integrated delivery systems; our ability to complete acquisitions, mergers, dispositions, joint ventures or other strategic transactions that we might
announce or be considering, on terms favorable to us or at all, or to integrate and successfully operate any business we may acquire or have acquired, or to successfully expand our operations and services in markets outside the United States, or to businesses outside of the provision of
dialysis; the variability of our cash flows, including without limitation any extended billing or collections cycles; the risk that we may not be able to generate or access sufficient cash in the future to service our indebtedness or to fund our other liquidity needs; and the risk that we may not be
able to refinance our indebtedness as it becomes due, on terms favorable to us or at all; factors that may impact our ability to repurchase stock under our stock repurchase program and the timing of any such stock repurchases, as well as our use of a considerable amount of available funds
to repurchase stock; risks arising from the use of accounting estimates, judgments and interpretations in our financial statements; impairment of our goodwill, investments or other assets; and the other risk factors, trends and uncertainties set forth in our Annual Report on Form 10-K for the
year ended December 31, 2020 and Quarterly Reports on Form 10-Q for the quarters ended March 31, 2021, June 30, 2021 and September 30, 2021, and the risks and uncertainties discussed in any subsequent reports that we file or furnish with the SEC from time to time.
The forward-looking statements should be considered in light of these risks and uncertainties. All forward-looking statements in this presentation are based solely on information available to us on the date of this presentation. We undertake no obligation to publicly update or revise any
forward-looking statements, whether as a result of changed circumstances, new information, future events or otherwise, except as may be required by law.
Industry and Market Data. Market data and certain industry data and forecasts used throughout this presentation were obtained from sources we believe to be reliable, including market research databases, publicly available information, reports of governmental agencies and industry
publications and surveys, but we have not independently verified any third-party sources. Forecasts are particularly likely to be inaccurate over long periods of time. These and other factors could cause actual results and other events to differ materially from those expressed in the estimates
made by third parties and by us.
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