[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: 42CFR1008.1]



[Page 1211-1212]

 

                         TITLE 42--PUBLIC HEALTH

 

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

 

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

 

                      Subpart A_General Provisions

 

Sec.  1008.1  Basis and purpose.





    (a) This part contains the specific procedures for the submission of 

requests by an individual or entity for advisory opinions to, and the 

issuance of advisory opinions by, the OIG, in consultation with the 

Department of Justice (DoJ), in accordance with section 1128D(b) of the 

Social Security Act (Act), 42 U.S.C. 1320a-7d(b). The OIG will issue 

such advisory opinions based on actual or proposed factual circumstances 

submitted by the requesting individual or entity, or by counsel on 

behalf of the requesting individual or entity, provided all other 

requirements of this part are satisfied (including the requirement that 

the requesting individual or entity provide the certifications required 

in accordance with Sec.  1008.38 of this part).

    (b) An individual or entity may request an advisory opinion from the 

OIG regarding any of five specific subject matters described in Sec.  

1008.5 of this part.



[[Page 1212]]



    (c) The requesting party must provide a complete description of the 

facts as set forth in subpart B of this part, and pay the costs to the 

OIG of processing the request for an advisory opinion as set forth in 

subpart C of this part.

    (d) Nothing in this part limits the investigatory or prosecutorial 

authority of the OIG, DoJ or any other agency of the Government.



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