"DaVita's patient outcomes remain among the best in the industry and are unquestionably our highest priority," said Allen R. Nissenson, MD, FACP, Chief Medical Officer for DaVita. "This commitment to diversified and high-quality clinical research is clearly evident and has translated to better long-term results and healthier patients."

The abstracts presented, including those outlined below, demonstrate DaVita's commitment to superior clinical outcomes and patient care.

-- Improving influenza vaccination rates among dialysis patients. Based on the CDC recommendation to administer influenza vaccinations to patients with chronic medical conditions, DaVita set a goal to vaccinate 90 percent of its in-center patient population during the 2008-2009 influenza season. Intensive quality-management programs assisted with timely clinical performance reporting, and relying primarily on education and engaging both the team and the patient proved to be remarkably successful in achieving strong influenza vaccination rates in large dialysis populations.

-- Effect of the IMPACT program on mortality among incident hemodialysis patients and Effect of IMPACT program on clinical indicators of incident hemodialysis patients. The IMPACT program standardizes the on-boarding process of incident patients during their first 90 days on dialysis. It is designed to reduce mortality rates among incident patients during their first three months of dialysis. The program provides a structured process and dedicated materials for patient intake, education, management and reporting. The program demonstrated a lowered incidence of mortality among incident hemodialysis patients due to focused patient care management, specifically through placing fistula access. Additionally, the clinical outcomes of IMPACT patients had a positive effect on the facility-based score, therefore decreasing mortality and hospitalizations.

-- Higher scores on a weighted, facility-specific performance measurement predicted mortality and hospitalization in hemodialysis patients. The facility-specific clinical performance on intermediate or surrogate outcomes had effects on hospitalization and mortality. By aggregating and weighting performance on multiple outcomes in a single composite score, DaVita Quality Index (DQI) provided physicians and care teams a powerful tool to track and compare quality care at the facility level.

-- Association of body fat and survival in hemodialysis patients. Hemodialysis patients exhibit an obesity paradox, and it is not clear whether lower body fat is incrementally associated with risk of death. Examination of 671 hemodialysis patients and five-year survival rates revealed that lower body fat percentage is associated with higher mortality. This abstract was selected based on its overall excellence in furthering the field of nephrology.

-- Nocturnal hemodialysis improves hemoglobin sensitivity to Erythropoietin Therapy. The objective of this study was to determine if increased dialysis treatment time on nocturnal in-center hemodialysis (NHD) compared to conventional in-center hemodialysis (ICHD) improves sensitivity to erythropoiesis stimulating agents (ESA). Results from a comparison of pre (months -6 to -1) to post (months +3 to +9) NHD (with 418 patients used as their own controls) showed that increased dialysis time on NHD compared to ICHD is associated with improved sensitivity to ESA and that lower utilization of ESA resulted in clinically insignificant changes in Hb and IV iron utilization.

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DaVita and DaVita Clinical Research are registered trademarks of DaVita Inc. All other trademarks are the property of their respective owners.

About DaVita Inc.

DaVita Inc., a FORTUNE 500(R) company, is a leading provider of kidney care in the United States, providing dialysis services and education for patients with chronic kidney failure and end stage renal disease. DaVita has been recognized as the only FORTUNE 500(R) company on WorldBlu's annual List of Most Democratic Workplaces(TM). As of June 30, 2009, DaVita operated or provided administrative services at 1,493 outpatient dialysis facilities and acute units in approximately 700 hospitals located in 43 states and the District of Columbia, serving approximately 116,000 patients. As part of DaVita's commitment to building a healthy, caring community, DaVita develops, participates in and donates to numerous programs dedicated to transforming communities and creating positive, sustainable change for children, families and our environment. For more information about DaVita, its kidney education materials and its community programs, please visit www.davita.com.

SOURCE: DaVita Inc.

DaVita Inc. 
Craig Handzlik, 310-536-2542 
Craig.Handzlik@DaVita.com

-- Cash Flow: For the rolling 12 months ended September 30, 2009 operating cash flow was $713 million and free cash flow was $533 million. For the three months ended September 30, 2009 operating cash flow was $167 million and free cash flow was $125 million.

-- Operating Income: Operating income for the three and nine months ended September 30, 2009 was $245 million and $702 million, respectively, as compared to $222 million and $646 million, respectively, for the same periods of 2008.

-- Volume: Total treatments for the third quarter of 2009 were 4,339,195, or 54,927 treatments per day, representing a per day increase of 6.1% over the third quarter of 2008. Non-acquired treatment growth in the quarter was 5.2% over the prior year's third quarter.

-- Effective Tax Rate: Our effective tax rate was 37.0% and 37.2% for the three and nine months ended September 30, 2009, respectively. This effective tax rate is impacted by the amount of third party owners' income attributable to non-tax paying entities. The effective tax rate attributable to DaVita Inc. was 40.0% for the three and nine months ended September 30, 2009 which was in the range of our previously stated guidance. Our effective tax rate for 2009 is projected to be in the range of 36.5% to 37.5% and our 2009 effective tax rate attributable to DaVita Inc. is still projected to be in a range of 39.5% to 40.5%.

-- Share Repurchases: During the third quarter of 2009, we repurchased a total of 1,108,784 shares of our common stock for $62.4 million, or an average price of $56.25 per share. For the first nine months of 2009 we repurchased a total of 1,853,184 shares of our common stock for $94.4 million, or an average price of $50.93 per share. In addition, we repurchased 1,049,435 shares of our common stock for $59.1 million, or an average price of $56.32 per share, from October 1, 2009 through October 7, 2009. All of these share repurchases were consummated pursuant to previously announced authorizations by our Board of Directors. On October 8, 2009, our Board of Directors authorized an additional $500 million for share repurchases. We have not repurchased any additional shares of our common stock under this authorization. Therefore, the total outstanding authorization for share repurchases is currently $500 million.

-- Center Activity: As of September 30, 2009, we operated or provided administrative services at 1,513 outpatient dialysis centers serving approximately 117,000 patients, of which 1,481 centers are consolidated in our financial statements. During the third quarter of 2009, we acquired four centers, opened 21 new centers, merged five centers, closed one center and provided administrative and management services to one additional third-party owned center.

Outlook

We are raising our operating income guidance range for 2009 from $900-$930 million to $930-$950 million. Also, we may modestly exceed the upper end of our previous operating cash flow guidance of $550-$600 million. Currently we expect our operating income for 2010 to be in the range of $950 million to $1.02 billion. These projections and the underlying assumptions involve significant risks and uncertainties, including those described below, and actual results may vary significantly from these current projections.

DaVita will be holding a conference call to discuss its results for the third quarter ended September 30, 2009 on November 3, 2009 at 5:00 p.m. Eastern Time. The dial in number is (800) 399-4406. A replay of the conference call will be available on DaVita's official web page, www.davita.com, for the following 30 days.

This release contains forward-looking statements, including statements related to our 2009 and 2010 operating income, 2009 operating cash flow and 2009 expected effective tax rate and the expected effective tax rate attributable to DaVita Inc. Factors which could impact future results include the uncertainties associated with governmental regulations, general economic and other market conditions, competition, accounting estimates, the variability of our cash flows and the risk factors set forth in our SEC filings, including our Form 10-K for the year ended December 31, 2008 and subsequent quarterly reports on Form 10-Q. The forward-looking statements should be considered in light of these risks and uncertainties.

These risks and uncertainties include those relating to:

-- the concentration of profits generated from commercial payor plans,

-- continued downward pressure on average realized payment rates from commercial payors, which may result in the loss of revenue or patients,

-- a reduction in the number of patients under higher-paying commercial plans,

-- a reduction in government payment rates or changes to the structure of payments under the Medicare ESRD program, including the implementation of a bundled payment rate system which result in lower reimbursement for services we provide to Medicare patients,

-- changes in pharmaceutical or anemia management practice patterns, payment policies, or pharmaceutical pricing,

-- our ability to maintain contracts with physician medical directors,

-- legal compliance risks, including our continued compliance with complex government regulations and compliance with the corporate integrity agreement applicable to the dialysis centers acquired from Gambro Healthcare and assumed in connection with such acquisition, and

-- the resolution of ongoing investigations by various federal and state governmental agencies.

We undertake no obligation to update or revise any forward-looking statements, whether as a result of changes in underlying factors, new information, future events or otherwise.

This release contains non-GAAP financial measures. For reconciliations of these non-GAAP financial measures to their most comparable measure calculated and presented in accordance with GAAP, see the attached reconciliation schedules.

DAVITA INC.
CONSOLIDATED STATEMENTS OF INCOME
(unaudited)
(dollars in thousands, except per share data)
                                                               Three months ended                       Nine months ended
                                                               September 30,                            September 30,
                                                               2009                2008                 2009                2008
Net operating revenues                                         $  1,573,915        $  1,447,135         $  4,540,596        $  4,199,163
Operating expenses and charges:
Patient care costs                                                1,095,857           1,005,648            3,153,622           2,909,143
General and administrative                                        134,931             128,617              394,370             374,581
Depreciation and amortization                                     56,813              54,970               172,121             160,673
Provision for uncollectible accounts                              42,021              37,305               119,990             109,433
Equity investment income                                          (708        )       (1,177      )        (1,066      )       (654        )
Total operating expenses and charges                              1,328,914           1,225,363            3,839,037           3,553,176
Operating income                                                  245,001             221,772              701,559             645,987
Debt expense                                                      (45,535     )       (54,505     )        (140,924    )       (168,891    )
Other income                                                      999                 2,481                3,026               10,331
Income before income taxes                                        200,465             169,748              563,661             487,427
Income tax expense                                                74,195              62,010               209,485             175,853
Net income                                                        126,270             107,738              354,176             311,574
Less: Net income attributable to noncontrolling interests         (15,340     )       (13,828     )        (41,216     )       (35,779     )
Net income attributable to DaVita Inc.                         $  110,930          $  93,910            $  312,960          $  275,795
Earnings per share:
Basic earnings per share attributable to DaVita Inc.           $  1.07             $  0.90              $  3.01             $  2.61
Diluted earnings per share attributable to DaVita Inc.         $  1.06             $  0.89              $  3.00             $  2.59
Weighted average shares for earnings per share:
Basic                                                             104,127,334         104,556,770          103,904,768         105,569,971
Diluted                                                           104,607,318         105,577,823          104,315,019         106,421,184

DAVITA INC.
CONSOLIDATED STATEMENTS OF CASH FLOWS
(unaudited)
(dollars in thousands)
                                                                            Nine months ended
                                                                            September 30,
                                                                            2009                 2008
Cash flows from operating activities:
Net income                                                                  $ 354,176            $ 311,574
Adjustments to reconcile net income to cash provided by operating
activities:
Depreciation and amortization                                                 172,121              160,673
Stock-based compensation expense                                              33,850               29,975
Tax benefits from stock award exercises                                       12,434               10,174
Excess tax benefits from stock award exercises                                (8,115      )        (5,054      )
Deferred income taxes                                                         45,417               56,157
Equity investment income                                                      (1,066      )        (654        )
Loss on disposal of assets                                                    7,826                9,688
Non-cash debt and non-cash rent charges                                       7,497                9,971
Changes in operating assets and liabilities, other than from
acquisitions and divestitures:
Accounts receivable                                                           (68,235     )        (130,022    )
Inventories                                                                   15,858               (1,248      )
Other receivables and other current assets                                    (2,164      )        (28,684     )
Other long-term assets                                                        5,641                (12,761     )
Accounts payable                                                              (58,995     )        (12,800     )
Accrued compensation and benefits                                             20,733               (11,752     )
Other current liabilities                                                     (68,383     )        29,838
Income taxes                                                                  55,226               (3,086      )
Other long-term liabilities                                                   (9,702      )        3,163
Net cash provided by operating activities                                     514,119              415,152
Cash flows from investing activities:
Additions of property and equipment                                           (205,653    )        (223,851    )
Acquisitions                                                                  (64,001     )        (77,157     )
Proceeds from asset sales                                                     6,256                451
Purchase of investments available for sale                                    (1,737      )        (1,695      )
Purchase of investments held-to-maturity                                      (16,942     )        (19,005     )
Proceeds from sale of investments available for sale                          16,537               5,323
Proceeds from maturities of investments held-to-maturity                      16,123               18,728
Distributions received on equity investments                                  929                  802
Purchase of intangible assets and other                                       (260        )        (65         )
Net cash used in investing activities                                         (248,748    )        (296,469    )
Cash flows from financing activities:
Borrowings                                                                    13,924,642           12,937,047
Payments on long-term debt                                                    (13,961,667 )        (12,938,297 )
Deferred financing costs                                                      (42         )        (130        )
Purchase of treasury stock                                                    (61,223     )        (169,673    )
Excess tax benefits from stock award exercises                                8,115                5,054
Stock award exercises and other share issuances, net                          30,309               33,670
Distributions to noncontrolling interests                                     (46,888     )        (43,391     )
Contributions from noncontrolling interests                                   11,117               13,525
Proceeds from sales of additional noncontrolling interests                    7,733                8,422
Purchases from noncontrolling interests                                       (6,668      )        (24,009     )
Net cash used in financing activities                                         (94,572     )        (177,782    )
Net increase (decrease) in cash and cash equivalents                          170,799              (59,099     )
Cash and cash equivalents at beginning of period                              410,881              447,046
Cash and cash equivalents at end of period                                  $ 581,680            $ 387,947

DAVITA INC.
CONSOLIDATED BALANCE SHEETS
(unaudited)
(dollars in thousands, except per share data)
ASSETS                                                                    September 30,            December 31,
                                                                          2009                     2008
Cash and cash equivalents                                                 $    581,680             $    410,881
Short-term investments                                                         20,680                   35,532
Accounts receivable, less allowance of $225,931 and $211,222                   1,142,861                1,075,457
Inventories                                                                    69,014                   84,174
Other receivables                                                              235,785                  239,165
Other current assets                                                           34,816                   33,761
Income tax receivable                                                          -                        32,130
Deferred income taxes                                                          223,697                  217,196
Total current assets                                                           2,308,533                2,128,296
Property and equipment, net                                                    1,088,446                1,048,075
Amortizable intangibles, net                                                   141,925                  160,521
Investments in third-party dialysis businesses                                 24,011                   19,274
Long-term investments                                                          7,567                    5,656
Other long-term assets                                                         34,262                   47,330
Goodwill                                                                       3,932,964                3,876,931
                                                                          $    7,537,708           $    7,286,083
LIABILITIES AND EQUITY
Accounts payable                                                          $    256,707             $    282,883
Other liabilities                                                              426,856                  495,239
Accrued compensation and benefits                                              314,677                  312,216
Current portion of long-term debt                                              100,677                  72,725
Income taxes payable                                                           14,592                   -
Total current liabilities                                                      1,113,509                1,163,063
Long-term debt                                                                 3,555,853                3,622,421
Other long-term liabilities                                                    100,722                  101,442
Alliance and product supply agreement, net                                     31,980                   35,977
Deferred income taxes                                                          304,675                  244,884
Total liabilities                                                              5,106,739                5,167,787
Commitments and contingencies
Noncontrolling interests subject to put provisions                             292,636                  291,397
Equity:
Preferred stock ($0.001 par value, 5,000,000 shares authorized; none
issued)
Common stock ($0.001 par value, 450,000,000 shares authorized;                 135                      135
134,862,283 shares issued; 103,232,774 and 103,753,673 shares
outstanding)
Additional paid-in capital                                                     638,253                  584,358
Retained earnings                                                              2,202,410                1,889,450
Treasury stock, at cost (31,629,509 and 31,108,610 shares)                     (756,157  )              (691,857  )
Accumulated other comprehensive loss                                           (7,838    )              (14,339   )
Total DaVita Inc. shareholders' equity                                         2,076,803                1,767,747
Noncontrolling interests not subject to put provisions                         61,530                   59,152
Total equity                                                                   2,138,333                1,826,899
                                                                          $    7,537,708           $    7,286,083

DAVITA INC.
SUPPLEMENTAL FINANCIAL DATA
(unaudited)
(dollars in millions, except for per share and per treatment
data)
                                                                      Three months ended                                Nine months
                                                                                                                        ended
                                                                                                                        September 30,
                                                                                                                        2009
                                                                      September 30,     June 30,      September 30,
                                                                      2009              2009          2008
1. Consolidated Financial Results:
Revenues                                                              $    1,574        $  1,519      $    1,447        $    4,541
Operating income                                                      $    245.0        $  236.0      $    221.8        $    701.6
Operating income margin                                                    15.6  %         15.5  %         15.3  %           15.5  %
Net income attributable to DaVita Inc.                                $    110.9        $  105.8      $    93.9         $    313.0
Diluted earnings per share attributable to DaVita Inc.                $    1.06         $  1.02       $    0.89         $    3.00
2. Consolidated Business Metrics:
Expenses
Patient care costs as a percent of consolidated revenue(3)                 69.6  %         69.2  %         69.5  %           69.5  %
General and administrative expenses as a percent of consolidated           8.6   %         8.7   %         8.9   %           8.7   %
revenue(3)
Bad debt expense as a percent of consolidated revenue                      2.7   %         2.7   %         2.6   %           2.6   %
Consolidated effective tax rate attributable to DaVita Inc.(1)             40.0  %         40.0  %         39.7  %           40.0  %
3. Segment Financial Results: (dollar amounts rounded to
nearest million)
Dialysis and related lab services
Revenues                                                              $    1,491        $  1,441      $    1,378        $    4,309
Direct operating expenses                                                  1,231           1,191           1,143             3,563
Dialysis segment margin                                               $    260          $  250        $    235          $    746
Other - Ancillary services and strategic initiatives
Revenues                                                              $    83           $  78         $    69           $    232
Direct operating expenses                                                  87              81              73                243
Ancillary segment loss                                                $    (4    )      $  (3    )    $    (4    )      $    (12   )
Total segment margin                                                  $    256          $  247        $    231          $    734
Reconciling items:
Stock-based compensation                                                   (11   )         (11   )         (11   )           (34   )
Equity investment income                                                   1               -               1                 1
Consolidated operating income                                         $    245          $  236        $    222          $    702

DAVITA INC.
SUPPLEMENTAL FINANCIAL DATA--continued
(unaudited)
(dollars in millions, except for per share and per treatment
data)
                                                             Three months ended                                            Nine months
                                                                                                                           ended
                                                                                                                           September 30,
                                                                                                                           2009
                                                             September 30,         June 30,          September 30,
                                                             2009                  2009              2008
4. Segment Business Metrics:
Dialysis and related lab services:
Volume
Treatments                                                        4,339,195           4,228,179           4,091,099             12,649,812
Number of treatment days                                          79.0                78.0                79.0                  233.5
Treatments per day                                                54,927              54,207              51,786                54,175
Per day year over year increase                                   6.1       %         5.2       %         5.1       %           5.4        %
Non-acquired growth year over year                                5.2       %         4.5       %         3.8       %           4.5        %
Revenue
Dialysis and related lab services revenue per treatment      $    343.14           $  340.35         $    336.42           $    340.14
Per treatment increase from previous quarter                      0.8       %         1.1       %         0.1       %           -
Per treatment increase from previous year                         2.0       %         1.3       %         0.9       %           1.9        %
Percent of consolidated revenue                                   94.7      %         94.9      %         95.2      %           94.9       %
Expenses
Patient care costs
Percent of segment revenue                                        69.0      %         68.6      %         69.0      %           68.8       %
Per treatment                                                $    237.21           $  233.93         $    232.50           $    234.40
Per treatment increase from previous quarter                      1.4       %         0.9       %         0.7       %           -
Per treatment increase from previous year                         2.0       %         1.3       %         3.9       %           1.9        %
General and administrative expenses
Percent of segment revenue                                        7.1       %         7.4       %         7.4       %           7.3        %
Per treatment                                                $    24.39            $  25.14          $    24.88            $    24.90
Per treatment decrease from previous quarter                      (3.0      %)        (0.2      %)        -                     -
Per treatment (decrease) increase from previous year              (2.0      %)        1.1       %         (1.5      %)          1.6        %
5. Cash Flow
Operating cash flow                                          $    167.5            $  212.4          $    160.2            $    514.1
Operating cash flow last twelve months                       $    712.7            $  705.4          $    651.3
Free cash flow(1)                                            $    125.5            $  173.6          $    119.0            $    388.5
Free cash flow, last twelve months(1)                        $    533.3            $  526.8          $    490.6
Capital expenditures:
Development and relocations                                  $    42.4             $  42.5           $    51.6             $    127.0
Routine maintenance/IT other                                 $    25.0             $  22.5           $    27.2             $    78.7
Acquisition expenditures                                     $    20.7             $  3.5            $    30.4             $    64.0
6. Accounts Receivable
Net receivables                                              $    1,143            $  1,128          $    1,057
DSO                                                               70                  70                  70

DAVITA INC.
SUPPLEMENTAL FINANCIAL DATA--continued
(unaudited)
(dollars in millions, except for per share and per treatment
data)
                                                                         Three months ended                                Nine months
                                                                                                                           ended
                                                                                                                           September 30,
                                                                                                                           2009
                                                                         September 30,     June 30,      September 30,
                                                                         2009              2009          2008
7. Debt and Capital Structure
Total debt(2)                                                            $    3,654        $  3,669      $    3,704
Net debt, net of cash(2)                                                 $    3,072        $  3,124      $    3,316
Leverage ratio (see Note 1 below)                                        2.57x             2.66x         2.98x
Overall effective weighted average interest rate during the quarter           4.79  %         4.92  %         5.66  %
Overall effective weighted average interest rate at end of the                4.76  %         4.87  %         6.09  %
quarter
Effective weighted average interest rate on the Senior Secured                2.81  %         3.02  %         5.39  %
Credit Facilities at end of the quarter
Economically fixed interest rates as a percentage of our total debt           61    %         64    %         70    %
Share repurchases                                                        $    62.4         $  -          $    -            $      94.4
8. Clinical (quarterly averages)
Dialysis adequacy -% of patients with Kt/V > 1.2                              95    %         95    %         94    %
90 day patients with Hb >= 10                                                 88    %         88    %         87    %
Patients with arteriovenous fistulas placed                                   64    %         63    %         61    %

_________________
(1)    These are non-GAAP financial measures. For a reconciliation of these
       non-GAAP financial measures to their most comparable measure
       calculated and presented in accordance with GAAP, see attached
       reconciliation schedules.
(2)    This is a non-GAAP financial measure. It excludes $2.9 million, for
       the quarter ended September 30, 2009, the unamortized balance of a
       debt premium associated with our senior notes that is not actually
       outstanding debt principal.
(3)    Consolidated percentages of revenue and per treatment amounts are
       comprised of the dialysis and related lab services business, other
       ancillary services and strategic initiatives, as well as stock-based
       compensation expenses.

DAVITA INC. SUPPLEMENTAL FINANCIAL DATA--continued (unaudited) (dollars in thousands)

Note 1: Calculation of the Leverage Ratio

Under the Company's current Senior Secured Credit Facilities (Credit Agreement), the leverage ratio is defined as all funded debt plus the face amount of all letters of credit issued, minus cash and cash equivalents, divided by "Consolidated EBITDA". The leverage ratio determines the interest rate margin payable by the Company for its term loan A and revolving line of credit under the Credit Agreement by establishing the margin over the base interest rate (LIBOR) that is applicable. The following leverage ratio was calculated using "Consolidated EBITDA" as defined in the Credit Agreement. The calculation below is based on the last twelve months of "Consolidated EBITDA", pro forma for the routine acquisitions that occurred during the period. The Company's management believes the presentation of "Consolidated EBITDA" is useful to investors to enhance their understanding of the Company's leverage ratio under its Credit Agreement.

                                                                        Rolling twelve
                                                                        months ended
                                                                        September
                                                                        30, 2009
   Net income attributable to DaVita Inc.                               $      411,325
   Income taxes                                                                269,103
   Debt expense                                                                196,749
   Depreciation and amortization                                               228,365
   Noncontrolling interests and equity investment income, net                  51,389
   Other                                                                       13,797
   Stock-based compensation expense                                            45,108
   "Consolidated EBITDA"                                                $      1,215,836
                                                                        September 30, 2009
   Total debt, excluding debt premium of $2.9 million                   $      3,653,622
   Letters of credit issued                                                    47,894
                                                                               3,701,516
   Less: cash and cash equivalents                                             (581,680  )
   Consolidated net debt                                                $      3,119,836
   Last twelve months "Consolidated EBITDA"                             $      1,215,836
   Leverage ratio                                                       2.57x

In accordance with the Company's Credit Agreement, the Company's leverage ratio cannot exceed 4.25 to 1.0 as of September 30, 2009. At that date the Company's leverage ratio did not exceed 4.25 to 1.0.

DAVITA INC. RECONCILIATIONS FOR NON-GAAP MEASURES (unaudited) (dollars in thousands)

1. Effective Income Tax Rates

We believe that reporting the effective income tax rate attributable to DaVita Inc. enhances a user's understanding of DaVita's effective income tax rate for the periods presented because it excludes noncontrolling owners' income that primarily relates to non-tax paying entities and accordingly is more comparable to prior periods presentations regarding DaVita's effective income tax rate and is more meaningful to a user to fully understand the related income tax effects on DaVita Inc. operating results. This measure is not a measure of financial performance under United States generally accepted accounting principles and should not be considered as an alternative to the effective income tax rate.

Effective income tax rate as compared to the effective income tax rate attributable to DaVita Inc. is as follows:

                                                                    Three months ended                                      Nine months
                                                                                                                            ended
                                                                                                                            September 30,
                                                                                                                            2009
                                                                    September 30,       June 30,        September 30,
                                                                    2009                2009            2008
   Income before income taxes                                       $    200,465        $  190,139      $    169,748        $    563,661
   Income tax expense                                               $    74,195         $  70,507       $    62,010         $    209,485
   Effective income tax rate                                             37.0    %         37.1    %         36.5    %           37.2    %
                                                                    Three months ended                                      Nine months
                                                                                                                            ended
                                                                                                                            September 30,
                                                                                                                            2009
                                                                    September 30,       June 30,        September 30,
                                                                    2009                2009            2008
   Income before income taxes                                       $    200,465        $  190,139      $    169,748        $    563,661
   Less: Noncontrolling owners' income primarily attributable to         (15,585 )         (13,913 )         (13,888 )           (41,654 )
   non-tax paying entities
   Income before income taxes attributable to DaVita Inc.           $    184,880        $  176,226      $    155,860        $    522,007
   Income tax expense                                               $    74,195         $  70,507       $    62,010         $    209,485
   Less income tax attributable to noncontrolling interests              (245    )         (100    )         (60     )           (438    )
   Income tax attributable to DaVita Inc.                           $    73,950         $  70,407       $    61,950         $    209,047
   Effective income tax rate attributable to DaVita Inc.                 40.0    %         40.0    %         39.7    %           40.0    %

DAVITA INC. RECONCILIATIONS FOR NON-GAAP MEASURES (unaudited) (dollars in thousands)

2. Free cash flow

Free cash flow represents net cash provided by operating activities less income distributions to noncontrolling interests and capital expenditures for routine maintenance and information technology. We believe free cash flow is a useful adjunct to cash flow from operating activities and other measurements under United States generally accepted accounting principles, since free cash flow is a meaningful measure of our ability to fund acquisition and development activities and meet our debt service requirements. In addition, free cash flow excluding income distributions to noncontrolling interests also provides a user with an understanding of free cash flows that are attributable to DaVita Inc. Free cash flow is not a measure of financial performance under United States generally accepted accounting principles and should not be considered as an alternative to cash flows from operating, investing or financing activities, as an indicator of cash flows or as a measure of liquidity.

                                                                         Three months ended                                      Nine months
                                                                                                                                 ended
                                                                                                                                 September 30,
                                                                                                                                 2009
                                                                         September 30,       June 30,        September 30,
                                                                         2009                2009            2008
Cash provided by operating activities                                    $    167,487        $  212,383      $    160,195        $    514,119
Less: Income distributions to noncontrolling interests                        (16,993 )         (16,328 )         (13,968 )           (46,888 )
Cash provided by operating activities attributable to DaVita Inc.        $    150,494        $  196,055      $    146,227        $    467,231
Less: Expenditures for routine maintenance and information technology         (25,040 )         (22,502 )         (27,217 )           (78,697 )
Free cash flow                                                           $    125,454        $  173,553      $    119,010        $    388,534

                                                                         Rolling 12-Month Period
                                                                         September 30,        June 30,         September 30,
                                                                         2009                 2009             2008
Cash provided by operating activities                                    $    712,668         $  705,376       $    651,291
Less: Income distributions to noncontrolling interests                        (61,267  )         (58,242  )         (56,204  )
Cash provided by operating activities attributable to DaVita Inc.        $    651,401         $  647,134       $    595,087
Less: Expenditures for routine maintenance and information technology         (118,109 )         (120,286 )         (104,509 )
Free cash flow.                                                          $    533,292         $  526,848       $    490,578

SOURCE: DaVita Inc.

DaVita Inc. 
LeAnne Zumwalt 
Investor Relations 
(650) 696-8910

Before joining Clorox, Rivera served as general counsel to Rockwell Automation's $2 billion Automation Control and Information Group, as well as Vice President Law and Chief Litigation Counsel to Rockwell. Rivera began her career as a litigator with Jones Day, one of the world's largest law firms.

"Kim is an extremely talented legal mind with experience handling critical issues for large, dynamic companies," said Kent Thiry, Chairman and Chief Executive Officer of DaVita. "We are excited that she will be joining the Village to help make DaVita the greatest dialysis company the world has ever seen."

She will report to Chairman and Chief Executive Officer Kent Thiry.

Rivera received her bachelor's degree from Duke University and her juris doctor from Harvard Law School.

DaVita is a registered trademark of DaVita Inc. All other trademarks are the property of their respective owners.

About DaVita Inc.

DaVita Inc., a FORTUNE 500(R) company, is a leading provider of kidney care in the United States, providing dialysis services and education for patients with chronic kidney failure and end stage renal disease. DaVita has been recognized as the only FORTUNE 500(R) company on WorldBlu's annual List of Most Democratic Workplaces(TM). As of June 30, 2009, DaVita operated or provided administrative services at 1,493 outpatient dialysis facilities and acute units in approximately 700 hospitals located in 43 states and the District of Columbia, serving approximately 116,000 patients. As part of DaVita's commitment to building a healthy, caring community, DaVita develops, participates in and donates to numerous programs dedicated to transforming communities and creating positive, sustainable change for children, families and our environment. For more information about DaVita, its kidney education materials and its community programs, please visit www.davita.com.

SOURCE: DaVita Inc.

DaVita Inc. 
Brad Chase, 310-536-2406 
Brad.Chase@DaVita.com

-- Prescribing and Patient Factors Contributing to Adequate Hemodialysis Dose in Obese Patients

-- Nocturnal Hemodialysis improves hemoglobin sensitivity to Erythropoietin Therapy

-- Potassium Intake and Five-Year Mortality in Maintenance Hemodialysis Patients

"DaVita is continuing to lead the renal community in generating important new knowledge to improve outcomes for patients with kidney disease," said Allen R. Nissenson, MD, FACP, Chief Medical Officer for DaVita. "This commitment to high-quality clinical research is clearly evident in the 43 abstracts being presented at Renal Week this year."

Posters to be presented demonstrate a commitment to superior clinical outcomes, patient care, nutrition and more:

Access

-- Age and Access: A Large Dialysis Provider's Perspective on an Advancing ESRD Population

-- Reducing the Catheter Rate: Results from the DaVita/SCAN Health Plan Medicare Demonstration Project

Adherence

-- Effect of IMPACT(TM) Program on Clinical Indicators of Incident Hemodialysis Patients

-- The Influence of participation in a Refill Management System within a Specialty Pharmacy on Control of Secondary Hyperparathyroidism among Prevalent Hemodialysis Patients

-- The Influence of a Specialty Pharmacy on Control of Secondary Hyperparathyroidism among Prevalent Hemodialysis Patients

CKD

-- Clinical Outcomes of Patients Completing Early CKD Education

-- First-Year Dialysis Outcomes in Patients Previously Enrolled in a Structured Chronic Kidney Disease (CKD) Program: Matched Cohort Analysis

Disparity

-- Clinical Characteristics Differ among Hemodialysis Patients of Various Racial and Ethnic Groups

-- Potential Impacts of Proposed Bundling System on Active Vitamin D Administration for African American Hemodialysis Patients

Fluid Management/Hypertension (SDHD)

-- Hypertension and Fluid Dynamics in Patients Undergoing Short Daily versus Conventional Hemodialysis

Hospitalization (Modality)

-- Impact of Dialysis Modality on Hospitalization in Patients with ESRD

Infection

-- Improving Influenza Vaccination Rates among Dialysis Patients: Results of a Quality Management Program in a Large Dialysis Population

Laboratory Operations

-- Evidence of Between-Laboratory Bias Raises Questions about Reliability of Potential Test Results to Be Used in Pay-for-Performance

Mortality

-- Higher Scores on a Weighted, Facility-Specific Performance Measure Predict Mortality and Hospitalization in Hemodialysis Patients

-- Effect of IMPACT(TM) Program on Mortality Among Incident Hemodialysis Patients

-- Comparison of Patient Mortality Among the Leading Four Dialysis Modalities

-- Association of Cumulative Dose of Erythropoietin over Three Years and Survival in Maintenance Hemodialysis Patients

-- Mortality Predictability of Three-Year Time--Averaged Iron Markers in Polycystic Kidney Disease Patients on Maintenance Hemodialysis

-- Serum Creatinine and Five-Year Survival in 138,773 Maintenance Hemodialysis Patients

-- Improved Clinical Outcomes in Hemodialysis Patients Prescribed Cinacalcet Hydrochloride

-- Higher Doses of Administered Paricalcitol Is Associated with Greater Five-Year Survival in African American Hemodialysis Patients Compared to Other Races

-- Examining Survival Benefits of Higher Doses of Paricalcitol in Hemodialysis Patients: Propensity Score Matching and Overadjustment Bias

-- Obesity Is Associated with Even Greater Survival Advantage in African American Hemodialysis Patients Compared to Other Races

-- Survival of High Body Mass Index Based on the Five-Year Average of All Thrice-Weekly Measured Post-Dialysis Dry Weight in over 120,000 Hemodialysis Patients

-- Hemoglobin and Survival in Polycystic Kidney Disease Patients on Maintenance Hemodialysis

-- Assessment of the Centers for Medicare & Medicaid Services Death Notification Form to Adjudicate Sudden Cardiac Death

Nutrition

-- Impact of Malnutrition-Inflammation Score (MIS) on Protein Intake and Erythropoietin Responsiveness in a Large Hemodialysis Population

-- In-Center Nocturnal Hemodialysis Patients Show Improved Protein and Phosphorus Status

-- Association of LDL Particle Size and Survival in Maintenance Hemodialysis Patients

-- Association of Serum Alkaline Phosphatase and Bone Mineral Density in Maintenance Hemodialysis Patients

-- Association of Circulating Lipopolysaccharide Binding Protein and Survival in Long-Term Hemodialysis Patient

-- High Phosphorus Intake Is Associated with Poor Survival in Maintenance Hemodialysis Patients

-- High Mid-Arm Muscle Circumference Is Independently Associated with GREATER Survival in Maintenance Hemodialysis Patients

-- Dialysate Potassium Concentration and Risk of Peridialytic Cardiac Arrest Among Hyperkalemic Hemodialysis Patients

-- Relative Contributions of Inflammation and Protein Intake to Hypoalbuminemia in Maintenance Hemodialysis Patients

-- Association of Paricalcitol Dose with Higher Circulating Lipopolysaccharide Binding Protein (LBP) in Hemodialysis Patients

-- Association of Body Fat and Survival in Hemodialysis Patients

-- Association of Lean Body Mass with Serum Creatinine in Hemodialysis Patients

Mineral and Bone Disorders

-- Vitamin D Deficiency Is Strongly Associated with Inflammation in African American ESRD Patients

-- Longitudinal Trends in Therapy of Disordered Mineral Metabolism in the US

Please click here to view DaVita's Twitter page.

DaVita and DaVita Clinical Research are registered trademarks of DaVita Inc. All other trademarks are the property of their respective owners.

About DaVita Inc.

DaVita Inc., a FORTUNE 500(R) company, is a leading provider of kidney care in the United States, providing dialysis services and education for patients with chronic kidney failure and end stage renal disease. DaVita has been recognized as the only FORTUNE 500(R) company on WorldBlu's annual List of Most Democratic Workplaces(TM). As of June 30, 2009, DaVita operated or provided administrative services at 1,493 outpatient dialysis facilities and acute units in approximately 700 hospitals located in 43 states and the District of Columbia, serving approximately 116,000 patients. As part of DaVita's commitment to building a healthy, caring community, DaVita develops, participates in and donates to numerous programs dedicated to transforming communities and creating positive, sustainable change for children, families and our environment. For more information about DaVita, its kidney education materials and its community programs, please visit www.davita.com.

SOURCE: DaVita Inc.

DaVita Inc. 
Craig Handzlik, (310) 536-2542 
Craig.Handzlik@DaVita.com