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3d Cir 6th Cir activities administrative agreement amount Anti-Kickback Statute antitrust laws apply arrangement beneficiaries benefits business of insurance claims clinical Code compensation compliance contract corporate cost Court coverage covered determined DHHS drugs durable medical equipment employee enrollees entity ERISA exempt organization facilities federal group health health insurance health maintenance organization health plan healthcare healthcare providers Herbert Hovenkamp HHAs HIPAA Hosp hospital Independent Practice Association individual inpatient Intermediate Sanctions issues items or services joint venture McCarran-Ferguson McCarran-Ferguson Act Medicaid Medicare program merger NAIC nursing operated outpatient participating parties patient payment person physician practitioners preemption premium professional prohibition protection qualify referred regulations reimbursement relationship requirements risk rule safe harbor Section specific standards Stark Law Supp.2d suppliers supporting organization supra note tax-exempt telemedicine transaction treatment violation