SEC FORM 4 SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
 
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
POSNER BARRY A

(Last) (First) (Middle)
100 CLEARBROOK ROAD

(Street)
ELMSFORD NY 10523

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
BioScrip, Inc. [ BIOS ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director 10% Owner
X Officer (give title below) Other (specify below)
Executive Vice President
3. Date of Earliest Transaction (Month/Day/Year)
03/31/2006
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock, $.0001 par value 11/01/2006 11/10/2006 A 79,294 A $0 140,294 D
Common Stock, $.0001 par value 2,600 I Joint With Spouse(1)
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Employee Stock Option $6 03/31/2006 D 89,700(2) 02/28/2007(3) 06/30/2015 Common Stock, $.0001 par value 89,700 $0 13,800 D
Employee Stock Option $2.47 11/01/2006 11/10/2006 A 158,587 11/01/2007(4) 11/01/2016 Common Stock, $.0001 par value 158,587 $0 158,587 D
Employee Stock Option (Right to Buy Common Stock) $6.5 (5) 07/06/2008 Common Stock, $.0001 par value 50,000 50,000 D
Employee Stock Option (Right to Buy Common Stock) $4.5 (5) 12/02/2008 Common Stock, $.0001 par value 13,166 13,166 D
Employee Stock Option (Right to Buy Common Stock) $12.2 11/28/2002(4) 11/28/2011 Common Stock, $.0001 par value 70,000 70,000 D
Employee Stock Option (Right to Buy) $7.95 09/24/2004(4) 09/24/2013 Common Stock, $.0001 par value 75,000 75,000 D
Explanation of Responses:
1. These shares of Common Stock are owned jointly with his wife and he shares voting and dispositive power with his wife over these shares
2. On 7-1-05 the reporting person was granteed an option to purchase 103,500 shares of common stock. All or part of the option was subject to forfeiture based on Company financial performance and individual qualitative performance criteria for the year ended December 31, 2005. In March 2006, upon final review of the Company's 2005 financial performance a portion of thse options were forfeied by the reporting person.
3. Options commence vesting on February 28, 2006. Thereafter, such options vest and become exercisable in three equal annual installments. All or part of these options are subject to forfeiture based on 2005 performance thresholds.
4. Vests and becomes exercisable in three equal annual installments commencing on the first anniversary of the date of grant.
5. Fully Vested
Remarks:
/s/ Posner, Barry A. 11/14/2006
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.