---
kind: "section"
citation: "42 C.F.R. § 1008.38"
title: "42"
number: "1008.38"
heading: "Signed certifications by the requestor."
url: "https://uscodex.org/cfr/42/1008.38"
---

# §1008.38. Signed certifications by the requestor.

- (a) Every request must include the following signed certification from all requestors: “With knowledge of the penalties for false statements provided by [18 U.S.C. 1001](/usc/18/1001.md) and with knowledge that this request for an advisory opinion is being submitted to the Department of Health and Human Services, I certify that all of the information provided is true and correct, and constitutes a complete description of the facts regarding which an advisory opinion is sought, to the best of my knowledge and belief.”
- (b) If the advisory opinion relates to a proposed arrangement, the request must also include the following signed certification from all requestors: “The arrangement described in this request for an advisory opinion is one that [the requestor(s)] in good faith plan(s) to undertake.” This statement may be made contingent on a favorable OIG advisory opinion, in which case, the phrase “if the OIG issues a favorable advisory opinion” should be added to the certification.
- (c) The certification(s) must be signed by—
  - (1) The requestor, if the requestor is an individual;
  - (2) The chief executive officer, or comparable officer, of the requestor, if the requestor is a corporation;
  - (3) The managing partner of the requestor, if the requestor is a partnership; or
  - (4) **The managing member, or comparable person, if the requestor is a limited liability company.**

## Notes

### Amendments

[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38325, July 16, 1998]

### 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 38325, July 16, 1998]