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Gentiva(R) Health Services Receives Nasdaq Notification Regarding Independent Director Requirement
Date:5/18/2009

ATLANTA, May 18 /PRNewswire-FirstCall/ -- Gentiva Health Services, Inc. (Nasdaq: GTIV), a leading provider of comprehensive home health services, reported today that on May 14, 2009 it received official notification from Nasdaq that it is no longer in compliance with the exchange's independent director requirements as set forth in Listing Rule 5605.

Under Nasdaq Listing Rule 5605(b)(1), Gentiva has a cure period in order to regain compliance as follows:

  • until the earlier of the Company's next annual shareholders' meeting or May 14, 2010; or
  • if the next annual shareholders' meeting is held before November 10, 2009, then the Company must evidence compliance no later than November 10, 2009.

In its March 27, 2009 Form 8-K, Gentiva reported that five independent members of the Company's Board of Directors did not stand for re-election at the Company's annual meeting of shareholders held on May 14, 2009. Gentiva's Board currently consists of six members, of which three directors are independent as defined by Nasdaq listing standards. Consequently, a majority of the Board will not be independent until Gentiva adds another independent director. Gentiva notified Nasdaq of its non-compliance by letter immediately following its annual meeting.

As stated in its annual Proxy Statement filed with the SEC on April 17, 2009, Gentiva anticipates that it will expand the size of the Board of Directors to nine members and is seeking additional qualified candidates who are independent and who would be added to the Board by a vote of directors, in accordance with authority provided to the Board in the Company's by-laws. Gentiva intends to meet the requirement of having a majority of independent directors as soon as practicable, and in any event prior to
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SOURCE Gentiva Health Services, Inc.
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