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): October 28, 2009
BioScrip,
Inc.
(Exact
Name of Registrant as Specified in its Charter)
Delaware
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0-28740
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05-0489664
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(State
or Other Jurisdiction of Incorporation)
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(Commission
File
Number)
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(IRS
Employer
Identification
No.)
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100
Clearbrook Road, Elmsford, New York
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10523
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(Address
of Principal Executive Offices)
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(Zip
Code)
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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
October 30, 2009, BioScrip, Inc. issued a press release reporting its financial
results for the three and nine months ended September 30, 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 5.02 Departure
of Directors or Certain Officers; Election of Directors; Appointment of Certain
Officers; Compensatory Arrangements of Certain Officers.
On
October 28, 2009, Steven K. Schelhammer, a director of BioScrip since May
2007, informed BioScrip’s Chairman and Chief Executive Officer that
he was resigning from the Board of Directors in order to devote his full-time
attention to his position as Chief Executive Officer of Phytel,
Inc. Mr. Schelhammer has had no disagreements with BioScrip with
respect to any matters.
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 October 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: October
30, 2009
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BIOSCRIP,
INC.
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By:
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/s/
Barry A. Posner
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Executive
Vice President,
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Secretary
and General Counsel
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