UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
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): December 20,
2009
WELLCARE
HEALTH PLANS, INC.
(Exact
name of registrant as specified in its charter)
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Delaware
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001-32209
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47-0937650
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(State
or other jurisdiction
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(Commission
File Number)
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(IRS
Employer
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of
incorporation)
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Identification
No.)
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8725
Henderson Road, Renaissance One
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Tampa,
Florida
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33634
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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:
(813) 290-6200
Not
Applicable
(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 (see General Instruction A.2. below):
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¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
5.02 Departure of Directors or Certain Officers; Election of
Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain
Officers.
Mr.
Maurice S. Hebert will be joining WellCare Health Plans, Inc. (the “Company”)
as Chief Accounting Officer. Mr. Hebert’s employment is expected to
commence on or about January 18, 2010. In this role, Mr. Hebert will
be the Company’s principal accounting officer.
Mr.
Hebert, age 47, currently serves as Senior Vice President and Chief Financial
Officer for Hythiam, Inc., a position he has held since November
2008. From October 2006 through November 2008, Mr. Hebert served as
Hythiam’s Vice President, Corporate Controller and Principal Accounting
Officer. Prior to joining Hythiam, Inc., Mr. Hebert was Corporate
Controller and principal accounting officer at Health Net, Inc. a position he
held from April 2005 to October 2006. From October 2003 to April
2005, Mr. Hebert was with Safeco Corporation, where he ended his tenure as
Safeco’s Senior Vice President, Controller and Principal Accounting
Officer.
In
connection with commencement of his employment, Mr. Hebert is expected to enter
into with the Company a Severance Agreement and an Indemnification Agreement,
each in the form previously disclosed by the Company, which forms are
incorporated by reference in this Current Report on Form 8-K.
Mr.
William S. White, the Company’s current Chief Accounting Officer, will be
stepping down from this role upon commencement of Mr. Hebert’s
employment. Mr. White is expected to remain with the Company in
another capacity to assist the Company with transition matters.
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Item
9.01 Financial Statements and
Exhibits.
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(d)
Exhibits.
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incorporated
by reference
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Exhibit
Number
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Description
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Form
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Filing
Date
with SEC
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Exhibit Number
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10.1
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Form
of Severance Agreement
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10-Q
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November
4, 2009
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10.13
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10.2
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Form
of 2009 Indemnification Agreement
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8-K
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May
14, 2009
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10.1
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SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act of 1934, as amended, the registrant has duly caused this
report to be signed on its behalf by the undersigned hereunto duly
authorized.
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Date: December
24, 2009
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WELLCARE
HEALTH PLANS, INC.
/s/
Thomas L. Tran
Thomas
L. Tran
Senior
Vice President and Chief Financial Officer
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EXHIBIT
INDEX
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incorporated
by reference
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Exhibit
Number
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Description
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Form
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Filing
Date
with SEC
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Exhibit Number
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10.1
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Form
of Severance Agreement
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10-Q
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November
4, 2009
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10.13
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10.2
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Form
of 2009 Indemnification Agreement
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8-K
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May
14, 2009
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10.1
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