-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, NwYIo/iEVtq49cEOnzLvjJjW3h7MGgM/SK/ptOBjF8Awrjbf4ikau/GnrSGdWRPp V9yM4OEVOBMeyPMVLWQ4NA== 0000731625-98-000010.txt : 19980522 0000731625-98-000010.hdr.sgml : 19980522 ACCESSION NUMBER: 0000731625-98-000010 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19980515 ITEM INFORMATION: FILED AS OF DATE: 19980521 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: HOSPITAL STAFFING SERVICES INC CENTRAL INDEX KEY: 0000731625 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-HOME HEALTH CARE SERVICES [8082] IRS NUMBER: 592150637 STATE OF INCORPORATION: FL FISCAL YEAR END: 1130 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-11131 FILM NUMBER: 98629906 BUSINESS ADDRESS: STREET 1: 6245 N FEDERAL HIGHWAY STREET 2: STE 500 CITY: FORT LAUDERDALE STATE: FL ZIP: 33308 BUSINESS PHONE: 9547710500 MAIL ADDRESS: STREET 1: 6245 NORTH FED HWY STREET 2: SUITE 400 CITY: FT LAUDERDALE STATE: FL ZIP: 33308 8-K 1 ITEM 5: OTHER EVENTS 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 May 15, 1998 (Date of earliest event reported) HOSPITAL STAFFING SERVICES, INC. (Exact name of registrant as specified in its charter) FLORIDA 1-11131 59-2150637 (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) Identification Number) 6245 North Federal Highway, Suite 500 Fort Lauderdale, Florida 33308-1900 (Address of principal executive offices) (954) 771-0500 Registrant's telephone number, including area code HOSPITAL STAFFING SERVICES, INC. AND SUBSIDIARIES FORM 8-K ITEM 5. Other Events On May 6, 1998 Hospital Staffing Services of Tennessee, Inc. (a fully owned subsidiary of Hospital Staffing Services, Inc.) filed an adversary complaint against the Department of Health and Human Services, Health Care Financing Administration ("HCFA"), and Wellmark, Inc., as financial intermediary. Further, the Company filed an emergency motion for a temporary restraining order in an effort to temporarily restrain the Department of Health and Human Services, through HCFA, from withholding the Medicare revenues generated by the operations of the Company. As a result, on May 15, 1998, the Honorable, Raymond B. Ray, Bankruptcy Judge for the Southern District of Florida, entered a temporary restraining order enjoining further withholding of Medicare reimbursements pending order of the Court. In addition, the order required HCFA to immediately wire transfer $441,373.00 to the Company representing funds improperly withheld since the bankruptcy filing and such order further requires HCFA to reinstate the periodic interim payments to the Company as they become due. See copy of Court Order attached as Exhibit I. SIGNATURES May 19, 1998 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. HOSPITAL STAFFING SERVICES, INC. By: /s/Steve Martin Steve Martin, Chief Financial Officer (principal financial officer) Date: May 19, 1998 EXHIBIT I: UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA BROWARD DIVISION In re: HOSPITAL STAFFING SERVICES Case No. 98-21899-BKC-RBR OF TENNESSEE, INC., Chapter 11 FEI # 65-0194606, Debtor. - -----------------------------/ HOSPITAL STAFFING SERVICES Adv. Case No. 98-2151-BKC-RBR-A OF TENNESSEE, INC., Plaintiff, vs. DONNA SHALALA, as Secretary of the United States Department of Health and Human Services; HEALTH CARE FINANCING ADMINISTRATION; and WELLMARK, INC. Defendants. - -----------------------------/ ORDER GRANTING DEBTOR'S MOTION PURSUANT TO 11 U.S.C. SECT. 105 AND FED.R.BANKR.P. 7065 FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION THIS MATTER came before the Court on May 12, 1998 at 1:30 p.m. upon the emergency hearing on the Motion Pursuant to 11 U.S.C. ss.105 and Fed.R.Bankr.P. 7065 for Temporary Restraining Order and/or Preliminary Injunction (the "Injunction Motion") filed by the Plaintiff, Hospital Staffing Services of Tennessee, Inc. THE COURT, shall issue its MEMORANDUM DECISION forthwith to set forth its findings of fact and conclusions of law, and finding that the Plaintiff's success on the merits is highly likely, irreparable harm will result in the event the Debtor is not able to obtain access to the funds which were withheld post petition and/or rely upon future revenues from post petition services, the threatened injury to the Plaintiff and its affiliates far outweighs any harm that may result to the Defendants in the event that the Court enters the injunction, where the balance of the harm weighs in favor of the Plaintiff, and the public interest will be served by the entry of the injunction, it is hereby ORDERED AND ADJUDGED that: (1) The Defendants shall remit instanter, by wire transfer, to HSS Tennessee the sum of $441,373.00; (2) The Defendants shall transmit all future payments and reimbursements as and when due in accordance with the procedures in place prior to the suspension of payments; (3) The Defendants are temporarily restrained and enjoined from withholding future payments or claiming recoupment thereon pending further order of this Court. DONE AND ORDERED in Chambers in Fort Lauderdale, Florida, this 15th day of May, 1998. /s/Raymond B. Ray Raymond B. Ray, Judge United States Bankruptcy Court -----END PRIVACY-ENHANCED MESSAGE-----