To clarify the scope of the ARPL, the United States Department of Health and Human Services
("HHS") issued "safe harbor" regulations in July 1991 stating conditions under which financial
relationships between health care service providers and patient referral sources, such as physicians,
would not violate the ARPL. Caremark contends that the narrowly drawn regulations gave limited
guidance as to the legality of many of the agreements used by Caremark that did not fall within the
safe-harbor. Caremark's predecessor, however, amended many of its standard forms of agreement
with health care providers and revised the Guide in an apparent attempt to comply with the new
regulations.