UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C.
______________________________________________
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): April 30, 2009
BioScrip,
Inc.
(Exact
Name of Registrant as Specified in its Charter)
Delaware
|
0-28740
|
05-0489664
|
(State
or Other Jurisdiction of Incorporation)
|
(Commission
File
Number)
|
(IRS
Employer
Identification
No.)
|
100
Clearbrook Road, Elmsford, New York
|
10523
|
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
Registrant’s telephone
number, including area code (914) 460-1600
________________________________________________________________________
(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:
¨ Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
¨ Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12).
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240-14d-2(b)).
¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)).
Item
2.02 Results
of Operations and Financial Condition.
On April
30, 2009, BioScrip, Inc. issued a press release reporting its earnings for the
quarter ended March 31, 2009. A copy of that press release is
furnished with this Current Report on Form 8-K as Exhibit 99.1 and is
incorporated herein by reference.
The press
release includes certain non-GAAP financial measures as described therein. As
required by Regulation G, a reconciliation between any non-GAAP financial
measures presented and the most directly comparable GAAP financial measures is
also provided.
As
provided in General Instruction B.2 to Form 8-K, the information furnished in
this Item 2.02 and in Exhibit 99.1 hereto shall not be deemed "filed" for
purposes of Section 18 of the Securities and Exchange Act of 1934, as amended,
nor shall it be deemed incorporated by reference in any filing with the
Securities and Exchange Commission, except as shall be expressly provided by
specific reference in such filing.
Item
9.01 Financial Statements and
Exhibits.
(c) Exhibits. The
following information is furnished as an exhibit to this Current
Report:
Exhibit
No. Description of
Exhibit
99.1
Press Release dated April 30, 2009
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 duly
authorized.
Date:
April 30, 2009
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BIOSCRIP,
INC.
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Barry A. Posner, Executive Vice President
Secretary and General Counsel
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