§1008.15. Facts subject to advisory opinions.
42 C.F.R. § 1008.15
The OIG will consider requests from a requesting party for advisory opinions regarding the application of specific facts to the subject matters set forth in § 1008.5(a) of this part. The facts must relate to an existing arrangement, or one which the requestor in good faith plans to undertake. The plans may be contingent upon receiving a favorable advisory opinion. The advisory opinion request should contain a complete description of the arrangement that the requestor is undertaking, or plans to undertake.
Requests presenting a general question of interpretation, posing a hypothetical situation, or regarding the activities of third parties do not qualify as advisory opinion requests.
An advisory opinion request will not be accepted, and/or an opinion will not be issued when—
The request is not related to a named individual or entity; or
An informed opinion cannot be made, or could be made only after extensive investigation, clinical study, testing, or collateral inquiry.
Notes, amendments, and revision history
Amendments
[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, July 16, 1998; 87 FR 1369, Jan. 11, 2022]
Authority
Authority: 42 U.S.C. 1320a-7d(b).
Source
Source: 62 FR 7357, Feb. 19, 1997, unless otherwise noted.
Amendments
[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, July 16, 1998; 87 FR 1369, Jan. 11, 2022]