FORM 4 Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

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1. Name and Address of Reporting Person * Schohl Joseph   2. Issuer Name and Ticker or Trading Symbol DAVITA INC [DVA] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) _____ Director _____ 10% Owner __X__ Officer (give title below) _____ Other (specify below) VP, Gen. Counsel & Secretary (Last) (First) (Middle) 601 HAWAII STREET 3. Date of Earliest Transaction (Month/Day/Year) 02/13/2009 (Street) EL SEGUNDO, CA 90245 4. If Amendment, Date 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 (City) (State) (Zip) 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 02/13/2009   M   5,000 (1) A $ 33 8,167 (2) D   Common Stock 02/13/2009   S   5,000 (1) D $ 52.43 3,167 (2) D   Common Stock 02/13/2009   S   1,083 (1) D $ 53.0647 (3) 2,084 (2) D

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
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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 Underlying Securities (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 of Derivative Security: 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

Stock Option (Right ot Buy)

$ 33

02/13/2009

M

5,000

11/18/2005(4)

11/18/2009

Common Stock

5,000

$ 0

5,000 (2)

D

Reporting Owners

Reporting Owner Name / Address	Relationships
	Director	10% Owner	Officer	Other
Schohl Joseph 601 HAWAII STREET EL SEGUNDO, CA 90245			VP, Gen. Counsel & Secretary

Signatures

/s/ Corinna B. Polk Attorney-in-Fact		02/18/2009
**Signature of Reporting Person		Date

Explanation of Responses:

*	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).
(1)	Mr. Schohl disclaims beneficial ownership of 2,500 of the options exercised and sold on 2/13/09 and disclaims beneficial ownership of 541.5 of the shares sold on 2/13/09. Mr. Schohl does not have a pecuniary interest in such options and shares which are owned by his ex-spouse. The exercise and sale of such options and shares did not occur at his discretion and he did not receive the economic benefit of these transactions.
(2)	Mr. Schohl disclaims beneficial ownership of (i) 2,500 of the shares received upon exercise of the option on 2/13/09, (ii) 1,583.5 of the share balance following the sale of 5,000 shares on 2/13/09 and (iii) 1,042 of the share balance following the sale of 1,083 shares on 2/13/09. Mr. Schohl does not have a pecuniary interest in the amounts disclaimed as described in footnote #1.
(3)	The range of prices for the sale of these shares was $53.06 - $53.08. The filer undertakes to provide staff, the issuer, or a security holder full information regarding the number of shares sold at each separate price.
(4)	Non-qualified stock options, pursuatn to the 2002 Equity Compensation Plan, which vested 25% on the first anniversary of the grant date, 8.33% on the 20th month following the grant date, and 8.33% every 4 months thereafter.

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