---
kind: "section"
citation: "42 C.F.R. § 1008.15"
title: "42"
number: "1008.15"
heading: "Facts subject to advisory opinions."
url: "https://uscodex.org/cfr/42/1008.15"
---

# §1008.15. Facts subject to advisory opinions.

- (a) 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)](/cfr/42/1008.5.md?p=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.
- (b) 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.
- (c) An advisory opinion request will not be accepted, and/or an opinion will not be issued when—
  - (1) The request is not related to a named individual or entity; or
  - (2) An informed opinion cannot be made, or could be made only after extensive investigation, clinical study, testing, or collateral inquiry.

## Notes

### 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]