[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1008.38]



[Page 1215]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1008_ADVISORY OPINIONS BY THE OIG--Table of Contents

 

    Subpart D_Submission of a Formal Request for an Advisory Opinion

 

Sec.  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 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.



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