VENTAS COMMENTS ON UNITED STATES PROOFS OF CLAIM AGAINST VENCOR
LOUISVILLE, KY - (March 16, 2000) - Ventas, Inc, (NYSE:VTR) (the "Company"), the Louisville-based real estate company, today commented on the recent filing of two proofs of claim by the United States Department of Justice, Civil Division, in the U.S. Bankruptcy Court for the District of Delaware relating to Vencor, Inc. (OTC/BB: VCRI). Vencor, the Company's primary tenant, filed for bankruptcy court protection on September 13, 1999.
The proofs of claim were filed with the bankruptcy court on March 9, 2000, immediately prior to the U.S. Government's bar date of March 11, 2000. The United States had 180 days from the date of the filing of Vencor's bankruptcy petition in which to file proofs of claim to preserve its claims. To avoid losing its claims against Vencor, the United States was obligated to file its proofs of claim before the bar date. As expected, the United States asserted the maximum potential liability (including triple damages) against Vencor in its proofs of claim.
Since September 1999, the Company and Vencor have been engaged in advanced settlement discussions with the Department of Justice regarding all matters covered in the proofs of claim. These matters include qui tam - or whistleblower - suits and other claims of the United States against Vencor and the Company pertaining to Medicare and other federal health benefit programs. If the United States, Vencor and the Company reach a settlement, any liability of the Company and Vencor related to these matters would likely be resolved in the settlement. No assurance can be given that any settlement regarding these claims will be reached or, if reached, will be on terms acceptable to the Company.
Debra A. Cafaro, President and Chief Executive Officer of the Company, stated, "We continue to work with Vencor and the Department of Justice to put these matters behind us."
Ventas, Inc. is a real estate company whose properties include 45 hospitals, 218 nursing centers and eight personal care facilities operating in 36 states.
This press release includes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of the Securities and Exchange Act of 1934, as amended (the “Exchange Act”). All statements regarding Ventas’ expected future financial position, results of operations, cash flows, financing plans, business strategy, expected lease income, plans and objectives of management for future operations and statements that include words such as “anticipate,” “believe,” “plan,” “would,” “will,” “should,” “estimate,” expect,” “intend,” “may,” and other similar expressions are forward-looking statements. Such forward-looking statements are inherently uncertain, and stockholders must recognize that actual results may differ from Ventas’ expectations. Ventas does not undertake any duty to update such forward-looking statements.
Factors that may affect the plans or results of Ventas include, without limitation, (1) the treatment of Ventas’ claims in Vencor’s Chapter 11 proceedings and the ability of Vencor to successfully reorganize under its Chapter 11 proceedings, (2) the ability of Vencor and Ventas’ other operators to maintain the financial strength and liquidity necessary to satisfy their obligations and duties under leases and other agreements with Ventas and their existing credit agreements, (3) the extent of future healthcare reform and regulations, including cost containment measures and changes in reimbursement policies and procedures, (4) increases in the cost of borrowing for Ventas, (5) the ability of Ventas to pay, refinance, restructure and/or extend its indebtedness as it becomes due, (6) the results of the ongoing settlement discussions pertaining to the billing disputes and other civil claims against Ventas and Vencor by the U.S. Department of Justice and other litigation affecting Ventas, (7) the ability of Ventas to meet the minimum distribution requirements to maintain REIT status, and (8) success of Ventas in implementing its business strategy and the nature and extent of future competition. Many of such factors are beyond the control of Ventas and its management.
- END -

