Item 2.02 Results of Operations and Financial Condition.

On October 28, 2008, Odyssey HealthCare, Inc. (together with its subsidiaries, the "Company") issued the press release attached hereto as Exhibit 99.1 announcing, among other things, the quarterly consolidated financial results of the Company for the third quarter and nine months ended September 30, 2008.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

99.1 Press release dated October 28, 2008.

Limitation on Incorporation by Reference

In accordance with general instruction B.2 of Form 8-K, the information in this report furnished pursuant to Item 2.02, including the exhibits hereto, shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933.

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