SEC CORRESPONDENCE / COMMUNITY HEALTH SYS. INC.
Direct Line: 212.859.8136
Fax: 212.859.4000
jeffrey.bagner@ffhsj.com
December 17, 2008
Mr. Jim B. Rosenberg
Senior Assistant Chief Accountant
United States Securities and Exchange Commission
Division of Corporation Finance
100 F Street, N.E., Mail Stop 6010
Washington, DC 20549
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Re: |
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Community Health Systems, Inc. |
Dear Mr. Rosenberg:
This letter sets forth the response of Community Health Systems, Inc. (the Company)
to the verbal comments that the Company received pursuant to the phone conference the Company
had on December 17, 2008 with Ms. Tabatha Akins of the staff of the Division of Corporation
Finance (the Staff) relating to the Companys Annual Report on Form 10-K for the year
ended December 31, 2007 (the 2007 Form 10-K) that was filed with the Securities and
Exchange Commission on February 29, 2008.
Professional Liability Insurance Claims
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1. |
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The Company was asked to state in writing the percentage of settled vs. unsettled
claims as of each balance sheet date used in its prior responses to the Staff. |
The Company typically pays its settled claims within approximately two weeks of the settlement date
and does not utilize time payments or annuity type settlement payments. At December 31, 2007 and
2006, respectively, settled claims represented less than 0.5% of the total outstanding claims
liability.
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2. |
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The Companys response letter dated October 2, 2008 included a table entitled Change
in Ultimate Losses Period over Period that had columnar data captioned Selected
Ultimate Losses and Allocated Loss Adjustment Expenses. The Company was asked to provide
clarification as what the word selected as used in this caption was meant to include. |
The Companys historical loss and allocated loss adjustment expenses (ALAE) experience
(on both a paid and incurred basis) produces development statistics that are used to derive
ultimate loss and ALAE indications based on several actuarial methodologies. The term selected
ultimate losses and ALAE in the caption was used in its actuarial context to refer to the ultimate
loss and ALAE value selected from those indicated by the aforementioned actuarial methodologies. As
a result of our telephone conversation of October 22, 2008, the Companys November 7, 2008 response
repeated the table in question with the phraseology in the caption changed to clarify its intended
meaning.
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3. |
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In its response letter dated August 20, 2008, the Company made reference to hospital
industry data and physician malpractice claims data in the first sentence of its response
to prior comment #3. The Company was asked to provide information regarding the source of
this data and how current this information is. |
As indicated in the Companys November 7, 2008 response and as disclosed in the Companys Form 10-Q
for the period ended September 30, 2008, the liability primarily consists of estimates established
based upon discounted actuarial calculations utilizing the Companys actual historic reported and
settled claims data. Hospital industry data is primarily used as benchmark data by the Companys
actuary for purposes of assessing the reasonableness of actuarial assumptions and for assessing the
reasonableness of Company specific trends. The primary source of this hospital industry and
physician malpractice claims data is a proprietary database maintained by the actuary engaged by
the Company. This database is maintained current within one year.
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4. |
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The Company was asked for clarification as to whether the reserves were short tail
or long tail reserves. |
The average lag period the Company has experienced between claim occurrence and final settlement
and payment is approximately 4-5 years.
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Should you have any questions or comments with respect to this filing, please call me at (212)
859-8136.
Sincerely,
/s/ Jeffrey Bagner
Jeffrey Bagner
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cc: |
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Tabatha Akins (Securities and Exchange Commission)
Joel Parker (Securities and Exchange Commission)
Rachel A. Seifert (Community Health Systems, Inc.) |