---
kind: "section"
citation: "42 C.F.R. § 411.388"
title: "42"
number: "411.388"
heading: "When advisory opinions are not admissible evidence."
url: "https://uscodex.org/cfr/42/411.388"
---

# §411.388. When advisory opinions are not admissible evidence.


The failure of a party to seek or to receive an advisory opinion may not be introduced into evidence to prove that the party either intended or did not intend to violate the provisions of sections [1128](/cfr/42/1128.md), [1128A](/cfr/42/1128A.md) or [1128B](/cfr/42/1128B.md) of the Act.


## Notes

### Amendments

[69 FR 57230, Sept. 24, 2004]

### Source

Source: 69 FR 16126, Mar. 26, 2004, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395w-101 through 1395w-152, 1395hh, and 1395nn.

### Source

Source: 54 FR 41734, Oct. 11, 1989, unless otherwise noted.

### Amendments

[69 FR 57230, Sept. 24, 2004]