---
kind: "section"
citation: "42 C.F.R. § 1008.5"
title: "42"
number: "1008.5"
heading: "Matters subject to advisory opinions."
url: "https://uscodex.org/cfr/42/1008.5"
---

# §1008.5. Matters subject to advisory opinions.

- (a) An individual or entity may request an advisory opinion from the OIG regarding—
  - (1) What constitutes prohibited remuneration within the meaning of section 1128B(b) of the Act;
  - (2) Whether an arrangement, or proposed arrangement, satisfies the criteria set forth in section 1128B(b)(3) of the Act for activities that do not result in prohibited remuneration;
  - (3) Whether an arrangement, or proposed arrangement, satisfies the criteria set forth in [§ 1001.952](/cfr/42/1001.952.md) of this chapter for activities that do not result in prohibited remuneration;
  - (4) What constitutes an inducement to reduce or limit services under section 1128A(b) of the Act to Medicare or Medicaid program beneficiaries; and
  - (5) Whether any activity, or proposed activity, constitutes grounds for the imposition of a sanction under sections [1128](/cfr/42/1128.md), [1128A](/cfr/42/1128A.md) or [1128B](/cfr/42/1128B.md) of the Act.
- (b) **Exceptions.** The OIG will not address through the advisory opinion process—
  - (1) What the fair market value will be, or whether fair market value was paid or received, for any goods, services or property; or
  - (2) Whether an individual is a bona fide employee within the requirements of section 3121(d)(2) of the Internal Revenue Code of 1986.

## Notes

### Amendments

[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, 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 38324, July 16, 1998]