[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: 42CFR1008.43]



[Page 1216-1217]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

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

 

          Subpart E_Obligations and Responsibilities of the OIG

 

Sec.  1008.43  Issuance of a formal advisory opinion.



    (a) An advisory opinion will be considered issued once payment is 

received and it is dated, numbered, and signed by an authorized official 

of the OIG.

    (b) An advisory opinion will contain a description of the material 

facts provided to the OIG with regard to the arrangement for which an 

advisory opinion has been requested. The advisory opinion will state the 

OIG's opinion regarding the subject matter of the request based on the 

facts provided to the OIG. If necessary, to fully describe the 

arrangement, the OIG is authorized to include in the advisory opinion 

the material facts of the arrangement, notwithstanding that some of 

these facts could be considered confidential information or trade 

secrets within the meaning of 18 U.S.C. 1905.

    (c)(1) The OIG will issue an advisory opinion, in accordance with 

the provisions of this part, within 60 days after the request for an 

advisory opinion has been formally accepted;

    (2) If the 60th day falls on a Saturday, Sunday, or Federal holiday, 

the time period will end at the close of the next business day following 

the weekend or holiday;

    (3) The 60 day period will be tolled from the time the OIG--



[[Page 1217]]



    (i) Notifies the requestor that the costs have reached, or are 

likely to exceed, the triggering amount until the time when the OIG 

receives written notice from the requestor to continue processing the 

request;

    (ii) Requests additional information from the requestor until the 

time the OIG receives the requested information;

    (iii) Notifies the requestor of the full amount due until the time 

the OIG receives payment of the full amount owed; and

    (iv) Notifies the requestor of the need for expert advice until the 

time the OIG receives the expert advice.

    (d) After the OIG has notified the requestor of the full amount owed 

and the OIG has received full payment of that amount, the OIG will issue 

the advisory opinion and promptly mail it to the requestor by regular 

first class U.S. mail.



[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38326, July 16, 1998]